IN PREVIOUS articles I have covered advice to home owners preparing for sale, reminding readers they must keep full and complete documentation in relation to any works done to a property.

But sometimes the work has not been carried out with the proper planning consent, building regulation consent, conservation area consent or self certification (in the form of a gas safety certificate or FENSA certificate, for instance).

In those circumstances, the buyer (and more particularly their lender) may be prepared to proceed if indemnity insurance is provided. This covers the new owner against the risk of enforcement by the relevant authority where the correct permissions have not been obtained.

However, it is not a guarantee as to quality of workmanship.

Other types of indemnity insurance include:

l Absence of easement indemnity insurance - this can be provided to cover the risk (and associated costs) of being prevented from using a water supply or right of way if your right to do so is not formally documented in the title deeds.

l Restrictive covenant indemnity insurance - it is not unusual for the title deeds to contain restrictions on the use of the property which could be enforced against the buyer if the seller was in breach. Again, indemnity insurance will cover the risk of such enforcement.

l Involved flying freehold insurance - a flying freehold may occur when part of one property is built on part of a property owned by someone else (this has been covered in a previous article).

There is a risk that the lower owner could fail to maintain and repair their property, which may damage or prejudice the structure on which the “flying” part physically rests. Insurance to cover this risk is often accepted by mortgage lenders as sufficient security.

Other forms of indemnity insurance are also available and should be discussed with your solicitor as a means of potentially rectifying defects in title.