Missing Building Regs and Indemnity Policies, Explained
What it means when the paperwork for past work cannot be found, and what an indemnity policy does and does not cover
A conversation that comes up constantly: the buyer's solicitor asks for the building regulations certificate for a loft conversion, an extension, or the electrics, and nobody can find it. The work was done years ago, possibly by a previous owner, and the paperwork has gone. What follows tends to involve the phrase "indemnity policy", usually without much explanation of what one actually is. Here is what these terms mean and what typically happens next.
Building regulations and planning permission are different things
They get used interchangeably and they are not the same.
Planning permission is about whether you were allowed to build the thing at all - its size, appearance and effect on neighbours. It is granted by the local planning authority.
Building regulations approval is about whether the work was built safely and to standard - structure, fire safety, insulation, drainage, ventilation. It is signed off by building control, either the council's or an approved inspector's.
Work can have one and not the other. A loft conversion might have needed building regulations approval but not planning permission, because it fell within permitted development. Which applied depends on the property, the work and when it was done, and it is a question for your conveyancer rather than a general guide.
- Planning permission and building regulations are separate consents
- Some work needs both, some needs one, some needs neither
- Certain electrical and gas work has its own certification schemes, such as those issued under Part P or by Gas Safe registered engineers
Why paperwork goes missing
Ordinarily, and without anything untoward: houses change hands several times, paperwork is thrown out during a move, work was done by a previous owner two sales ago, or a builder never applied for sign-off and the owner never realised. Local authorities also hold records for a limited period, so for older work the council may simply no longer have a copy.
A missing certificate does not automatically mean the work is unsafe or unauthorised. It means it cannot be evidenced, and those are different problems with different consequences.
What an indemnity policy is
An indemnity policy is a one-off insurance policy, usually paid for once with no ongoing premium, that covers a defined financial loss if a specific risk materialises. In this context the risk is typically enforcement action by the local authority over the missing consent, or the cost consequences that follow.
What is worth understanding is what it does not do. It does not make the work compliant, safe, or retrospectively approved. It does not confirm the work was done properly. It does not cover the cost of putting defective work right. And it is generally void if anyone approaches the council about the specific issue, which is why solicitors advise against contacting them once a policy is being considered.
It insures against a consequence. It does not fix a cause. Whether one is appropriate in a particular transaction, who pays, and what it needs to cover are matters for the conveyancers acting for each side.
- An indemnity policy covers a financial consequence, not the underlying work
- Enquiring with the council can invalidate a policy - ask your solicitor before contacting anyone
- Lenders often have their own requirements about what they will accept
Other routes that exist
An indemnity policy is one option among several. Depending on the work and its age, others that come up include regularisation - applying to building control retrospectively for a certificate, which normally involves inspection, possibly opening up work, and putting right anything that does not meet standard. A retrospective planning application, where planning permission rather than building regulations is the issue. Renegotiation, where the buyer and seller adjust the price to reflect the uncertainty or the likely cost. And a specialist inspection, where the concern is whether the work is sound rather than whether it is documented.
Enforcement time limits apply to some of this, and they differ between planning and building regulations, and have changed over time. Your conveyancer can explain which limits apply to the particular work on the particular property.
Where a survey fits
A survey and a missing certificate answer different questions. A RICS Level 2 or Level 3 survey can give a view on the physical condition of work that was carried out. It does not establish whether that work was approved. Equally, a certificate tells you the work was signed off at the time and nothing about its condition now.
People often assume one covers the other. Our survey guide sets out what each level looks at.
Who to ask
This is squarely conveyancing territory. Your solicitor or licensed conveyancer is the person who can look at the title, the specific work, the dates and your lender's requirements together. For the condition of the work itself, a RICS surveyor. You can check a solicitor on the SRA's register at sra.org.uk, a licensed conveyancer with the CLC, and a surveyor on the RICS register at rics.org.
Key takeaways
- 1Planning permission and building regulations approval are separate, and work may need one, both or neither
- 2Missing paperwork means the work cannot be evidenced, which is not the same as the work being unsafe
- 3An indemnity policy insures against a financial consequence - it does not make work compliant or fix defects
- 4Contacting the council about the issue can invalidate a policy, so ask your solicitor first
- 5Regularisation, retrospective applications, renegotiation and specialist inspection are other routes that exist
- 6A survey speaks to condition, a certificate speaks to approval - neither substitutes for the other. Last reviewed August 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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