Buying

What is indemnity insurance in conveyancing?

A one-off policy that lets a sale proceed despite a defect in the title or the paperwork. When it is the right answer, when it is a shortcut, and the mistake that makes it unobtainable.

Last updated 8 min read

Indemnity insurance in conveyancing is a single-premium policy that covers the buyer and their lender against financial loss from a specific known defect, such as a missing building regulations certificate, a breached restrictive covenant or a lack of a right of way. It is bought once, has no expiry and passes to later owners. It covers the risk of loss; it does not cure the defect.

What does an indemnity policy actually do?

Almost every conveyancing transaction turns up something that is not quite right. A conservatory was built without a building regulations completion certificate. A covenant on the title from 1911 forbids the very extension that is standing in the garden. The only access to the garage runs over a strip of land nobody can prove a right to use. Curing these properly can take months or may not be possible at all, yet a buyer and a lender still need to know they will not lose money because of them.

A legal indemnity policy answers that need. The buyer's conveyancer identifies the defect and says what the policy must cover, and the policy is bought from a specialist insurer, directly or through a broker, for a one-off premium. If the defect later causes a loss, for example a council serving an enforcement notice, a neighbour enforcing the covenant or a landowner blocking the access, the policy pays the cost of dealing with it, up to the limit of indemnity stated in the policy.

Three features make it different from ordinary insurance. There is one premium and no renewal. The cover has no end date and passes automatically to successors in title and to any lender, so the policy is kept with the deeds and handed on at each sale. And nothing is inspected: the insurer relies on the description of the defect it is given.

What defects can be covered?

The table shows the defects a buyer commonly meets and, for each, what the policy does and does not do.

DefectWhat the policy coversWhat it does not do
Missing building regulations completion certificateCost of enforcement action by the local authority and any resulting loss in valueDoes not confirm the work is safe or sound; a survey does that
Missing planning permissionCost of an enforcement notice and remedial works if the council actsDoes not grant permission; each insurer sets its own rule on how old the work must be
Breach of a restrictive covenantLoss if the person with the benefit enforces the covenant, including legal costs and diminution in valueDoes not release the covenant; it stays on the register
No right of way or defective accessLoss if the landowner blocks or challenges the accessDoes not create a right of way; only a deed of grant or prescription does
Missing FENSA or Gas Safe certificateEnforcement risk for replacement windows or a boiler installed without certificationDoes not test the installation
Chancel repair liabilityA demand from a parochial church council for repair costsStill live. Since 13 October 2013 a buyer for valuable consideration of registered land takes free unless a notice is on the register, so the check is the register at the point of purchase, and a notice entered later binds a buyer after it. A gift, an assent or a transfer for no value does not take free. On unregistered land it binds the owner regardless, because it is a legal interest and is not registrable as a land charge (Practice Guide 66, checked 20 September 2026)
Absent or unresponsive landlordCost of obtaining a vesting order and losses from the landlord's absenceDoes not produce the landlord or the consents the lease requires
Lost deeds or possessory titleLoss if someone with a better title to unregistered or possessory land makes a claimDoes not upgrade the class of title; a separate HM Land Registry application does that

When is indemnity insurance the right answer?

It is the right answer where the defect is historic, the chance of anyone acting on it is remote, and the cost or delay of curing it properly is out of proportion to the risk. A covenant from the 1890s whose beneficiary cannot be traced is the textbook case. So is an extension built two decades ago whose completion certificate has been lost: the council has no realistic prospect of enforcement, and a policy costs a fraction of applying for a regularisation certificate and opening up the works for inspection.

Whether a lender will accept a policy is not a general rule. Each lender states its own requirements in Part 2 of the UK Finance Mortgage Lenders' Handbook, including whether it needs the policy sent to it and what limit of indemnity it requires, so the answer is checked for the lender on the file (checked 20 September 2026).

It is also the right answer for a seller preparing a property for market. Finding the gap before an offer is made, and getting a quotation for a policy, means the buyer's conveyancer is handed the solution alongside the problem rather than finding it in week six.

When is it the wrong answer?

Indemnity insurance is the wrong answer where the defect affects your ability to use the property rather than your financial exposure. A policy will not make an unsafe extension safe. It will not give you a right of way you do not have, or force a neighbour to move a fence. If what you want is the access or the consent, you need the cure, not the cover.

It is also wrong where the cure is cheap and available. Building work can often be put right with a regularisation certificate from the council, and planning with a retrospective application or a lawful development certificate. Recent works are harder to insure in any case, and some insurers exclude them.

Where there is a real safety concern behind a missing certificate, a structural alteration, a loft conversion without evidence of the steelwork, a gas installation with no record, the answer is a survey or a specialist inspection. Insurance protects against loss; it tells you nothing about the building. In the same way, a search indemnity policy on a purchase is no substitute for the searches themselves. Searches tell you what you are buying.

Why must nobody contact the council or the neighbour first?

Every indemnity policy is written on the basis that the risk is dormant. For missing consents, published policy wordings make it a condition of cover that the insured does not approach the council or apply for retrospective approval (checked against published insurer policy wordings, 20 September 2026). For a covenant, whether earlier contact with the person who has the benefit affects cover turns on the individual policy wording, so ask the insurer before anyone approaches them. A phone call to the planning department to ask whether the extension needed permission, or a friendly letter to the neighbour who has the benefit of the covenant, wakes the risk up and usually makes the policy unavailable or far more expensive.

The rule is simple: identify the defect, take advice, buy the policy, and only then, if anyone still wants to, approach the third party. Our restrictive covenant guide explains why the order of steps matters even more where a covenant is involved, because approaching the beneficiary also hands them a price to name.

Disclosing a defect to your own conveyancer, or on the property information form, is not the same as alerting the enforcing body. It is that disclosure that lets the right cover be specified at all.

Who pays for indemnity insurance, and how is it bought?

By convention the seller pays, because the defect is theirs and the policy is the price of the sale proceeding. It is a negotiating point like any other. Where the buyer's lender requires the policy, it has to be in place before completion whoever pays for it. The premium is driven by the type of defect and the sum insured.

Whoever pays buys the policy from a legal indemnity insurer, directly or through a broker. The defect is described on the insurer's proposal form, the quotation is confirmed, the premium is paid on or before completion and the policy schedule is issued. It is then kept with the deeds, and on every future sale it is disclosed and handed on. The conveyancer's part is to identify the defect, say what the policy must cover and for how much, and check the wording against the lender's requirements. Our indemnity insurance service does that advice and checking for buyers, sellers and remortgaging owners; we do not sell or arrange policies, and our fee is a fixed fee agreed in writing before work starts.

If you are buying, ask two questions when a policy is proposed: what is the defect, and what would it take to cure it instead. If curing it is impractical and the risk is dormant, the policy is the right tool. If the seller would simply rather not spend the money, you may want the cure. Our buying service asks that question on every file where a policy is offered.

Key takeaways

  • Indemnity insurance is a one-off policy against financial loss from a specific known defect; it has no expiry and passes to later owners and lenders.
  • It is right for historic defects where the risk is dormant and the cure is disproportionate, and whether a lender accepts it is checked lender by lender.
  • It is wrong where the defect affects your use of the property, where the work is recent enough to regularise, or where there is a genuine safety concern.
  • Never contact the council, the neighbour or the covenant beneficiary before the policy is in place; doing so usually makes cover unavailable.
  • The seller usually pays, the policy is bought from an insurer or through a broker, and the schedule stays with the deeds for the next sale.

What this means for you

If a defect has come up on your sale, purchase or remortgage, we tell you whether a policy is needed, what it must cover and for how much, and whether the wording you are offered meets your lender's requirements. You buy the policy from an insurer or through a broker. A fixed fee agreed in writing before work starts.

No obligation. Fixed fee confirmed in writing before anything starts.

Frequently asked questions

Does indemnity insurance expire?

No. A legal indemnity policy is written for a single premium with no end date. It benefits the original insured, their successors in title and any lender, subject to the sum insured. Keep the policy schedule with your deeds, because your own buyer's conveyancer will ask for it and will want to see that the sum insured still matches the value of the property.

Does a policy fix the underlying problem?

No. It covers financial loss only. The missing certificate stays missing and the covenant stays on the register, and both will be disclosed again on every future sale with the policy passed on alongside them. If you want the defect gone, you need the cure: a regularisation certificate, a deed of release, or an application to the Upper Tribunal.

Will my lender accept indemnity insurance?

Usually, for a historic defect where the beneficiary cannot be identified and the risk of enforcement is remote. Each lender states in Part 2 of the UK Finance Mortgage Lenders' Handbook whether it needs the policy sent to it and what limit of indemnity it requires (checked 20 September 2026). Your conveyancer checks that entry before the policy is bought.

Can I claim on a policy the previous owner bought?

Yes, if the policy was written to benefit successors in title, which standard legal indemnity policies are. You need the policy schedule, which should have been handed over with the deeds on completion. If it was not, your conveyancer can sometimes trace it through the insurer using the address, but it is far better to insist on the document before you complete.

What happens if I have already contacted the council about the work?

Tell your conveyancer straight away. Most policies exclude a defect where the enforcing body has been approached or has shown an intention to act, so cover may be refused or restricted. The alternative is to complete the process you have started, by applying for a regularisation certificate or retrospective permission, so that there is no defect left to insure.

Is search indemnity insurance the same thing?

It is the same mechanism applied to a different gap. A search indemnity policy covers loss arising from an adverse matter that a local authority or other search would have revealed. It is common on a remortgage, where nobody is buying anything, and occasionally used on a purchase where time is short. On a purchase it is a poor substitute, because the policy pays for loss but does not tell you what is coming.

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Written by the Property Law Online team

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