Indemnity policy vs regularisation certificate
How a legal indemnity policy and a building regulations regularisation certificate differ in England and Wales conveyancing. Educational guide only.
This guide compares a legal indemnity policy and a building regulations regularisation certificate as they appear in England and Wales conveyancing when building regulations paperwork for past works is missing. It covers the stage after a survey or solicitor-ordered enquiries flag uncertified works.
Parent cluster: Missing paperwork and indemnity policies. Planning fork: Lack of planning permission indemnity, explained. HOME READY Guide Limited is not FCA authorised and is not a law firm. This article is general information only.
Quick definitions
Definition. An indemnity policy in this context is one-off legal indemnity insurance against defined financial loss if enforcement follows missing building regulations approval. A regularisation certificate is a local authority building control document that may follow a retrospective application and inspection of unauthorised works. The first manages a financial risk; the second is a compliance-evidence route.
Indemnity policy (building regs context)
In conveyancing, a one-off legal indemnity policy of this type is industry terminology for insurance against defined financial loss if local authority enforcement arises over missing building regulations approval or certification for described works. It does not certify compliance or safety. Exact cover sits in the policy wording.
Regularisation certificate
A regularisation certificate sits inside a retrospective building control process for unauthorised works - works carried out without building regulations consent. Local authority building control inspects. The authority may require opening up or remedial work. A certificate may then be issued as evidence of compliance with the relevant requirements specified in the certificate. That evidence is not conclusive, as set out below.
Side-by-side: what each is for
| Aspect | Indemnity policy | Regularisation certificate |
|---|---|---|
| Purpose | Financial consequence if enforcement arises | Retrospective evidence route via building control |
| Fixes the paperwork gap? | Generally no - insures a risk | Aims to document compliance after inspection and any required works |
| Involves contacting building control? | Approaching the authority is commonly a policy validity issue | The process is an application to the local authority |
| Speaks to build quality / safety? | Generally no | Inspection may surface non-compliance; certificate is evidence, not conclusive |
| Typical transaction role | Conveyancing risk management tool | Building control documentation route |
In practice the two routes often sit in tension. Starting regularisation, or disclosing the works to the council, is generally incompatible with taking out or keeping many indemnity policies. That tension is described here as process friction, not as an order to choose one path.
What a regularisation application typically involves
Planning Portal describes regularisation as a retrospective application relating to previously unauthorised works started on or after 11 November 1985. The purpose is to regularise and obtain a certificate of regularisation. Exposure, removal and/or rectification may be necessary (Planning Portal regularisation; checked 17 September 2026).
Building Regulations 2010 regulation 18 applies where it appears unauthorised building work has been carried out on or after 11 November 1985 (regulation 18; checked 17 September 2026). The authority may require reasonable steps, including laying open the unauthorised work for inspection, making tests and taking samples. Regulation 18(6) states that a regularisation certificate shall be evidence (but not conclusive evidence) that the relevant requirements specified in the certificate have been complied with (same legislation page; checked 17 September 2026).
Portal help text states that for a regularisation certificate, application is from a local authority building control body only (Planning Portal help; checked 17 September 2026). This guide does not invent a private-inspector regularisation route. The Portal states that the fee varies. No invented pound or week/month figures appear here. Issuance of a certificate is not promised.
What an indemnity policy typically involves in this fork
An indemnity policy of this type is arranged in conveyancing when parties and lender requirements allow insurance as a response to missing certification. The wording defines the insured defect and the financial heads of cover. Disclosure to the local authority, or steps to regularise, can void cover under many wordings. That line is policy mechanics, not an instruction. The policy does not substitute for a survey on condition (Survey types explained). Premiums and brands are omitted. HOME READY Guide Limited is not FCA authorised. The FCA Register exists as a public register of authorised firms. That is not product advice. Lenders set their own rules on whether indemnity is acceptable for a given defect.
Planning retrospective permission is a different fork
If the gap is planning consent rather than building regulations approval, a regularisation certificate is not the planning remedy. Retrospective planning applications, enforcement immunity maps, and lawful development certificates sit on the planning side. Planning indemnity is described in Lack of planning permission indemnity, explained. Merging planning and building control into one consent label hides that fork.
Where surveys, searches, lenders and timing fit
A survey speaks to visible condition and does not by itself prove approval status. Solicitor-ordered local authority and building control search classes can surface records or absences. Further reading: Survey types explained, free search-results guide, Conveyancing explained, and the timeline. Mortgage lenders set their own rules on whether indemnity is acceptable for a given defect. Regularisation involves inspection and possible remedial work; timescales are not fixed in a national sourced range for this guide, so week or month figures are omitted. That is qualitative process friction only. Who pays for which route varies between the parties' conveyancers.
Building Act notice window and injunction powers
Under Building Act 1984 section 36, a section 36 notice shall not be given after the expiration of 10 years from the date of the completion of the work in question (current revised text; Building Act 1984 s.36; checked 17 September 2026). As at 17 September 2026 the revised text of Building Act 1984 s.36 shows a 10-year notice window (BSA 2022 substituted 10 years for the previous 12 months). This guide does not state 12 months as current law. Section 36 also preserves the right to apply for an injunction for the removal or alteration of work that contravenes regulations or the Act (same legislation page). No separate numeric injunction limitation period is invented here.
Who explains the fork on a live file
Questions about title, search results, policy wording, and lender conditions sit with a solicitor or licensed conveyancer. Solicitors in England and Wales are regulated by the Solicitors Regulation Authority (SRA). Licensed conveyancers are regulated by the Council for Licensed Conveyancers (CLC). Registers on those bodies' websites list regulated firms and individuals. Regularisation process facts sit with local authority building control as a professional channel. Physical condition is a surveying question. Chartered surveyors appear on the RICS register. Registers are existence checks only.
FAQ
What is the difference between indemnity insurance and a regularisation certificate?
An indemnity policy manages defined financial loss if enforcement follows missing building regulations approval. A regularisation certificate is a building control document that may follow retrospective inspection of unauthorised works.
Does a regularisation certificate mean the works are conclusively compliant?
No. Regulation 18(6) states that a regularisation certificate is evidence but not conclusive evidence that the relevant requirements specified in the certificate have been complied with.
Can indemnity insurance and regularisation run together?
In practice they often sit in tension. Disclosure to the council or steps to regularise are commonly treated as matters that can affect indemnity cover.
What date threshold applies to regularisation applications?
Regulation 18 and Planning Portal material relate to unauthorised building work carried out on or after 11 November 1985.
Does indemnity insurance prove the building work is safe?
No. It does not certify compliance or safety. Condition remains a surveying question.
Key takeaways
- 1An indemnity policy and a regularisation certificate answer different questions: financial risk versus building control evidence.
- 2A regularisation certificate is evidence but not conclusive evidence under Building Regulations 2010 regulation 18(6).
- 3Regularisation applications relate to unauthorised work on or after 11 November 1985 and go to local authority building control only.
- 4Disclosure to building control and many indemnity wordings sit in tension as policy mechanics.
- 5Building Act section 36 currently uses a 10-year notice window; injunction powers are preserved by statute.
- 6Case facts on a live purchase sit with a solicitor or licensed conveyancer, and where relevant a lender, surveyor, and local authority building control.
Educational only. This guide is for general information and does not constitute legal, financial, surveying, building control or insurance advice. Home Ready Guide Limited is not FCA authorised and is not a law firm. Decisions about a specific property sit with a solicitor or licensed conveyancer and, where relevant, a mortgage lender, surveyor and local authority building control.
Last reviewed September 2026
General information only. This article is for educational purposes and does not constitute legal, financial, surveying or tax advice. Every property purchase is different - always consult a qualified solicitor, mortgage adviser or surveyor before making decisions. Home Ready Guide Limited is not FCA authorised.
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