What Is Indemnity Insurance When Buying A House?

Posted by Jack Malnick | 30 August, 2024 | Reading time 6 minutes

Navigating the UK property market can feel overwhelming, especially when you’re faced with unfamiliar legal and financial terms. One of the most important concepts to understand during a property transaction is indemnity insurance. Whether you’re a first-time buyer or selling your property, asking the question ‘what is indemnity insurance when buying a house?’ can help you avoid delays, reduce risk, and protect your investment.

This comprehensive guide breaks down everything you need to know about indemnity insurance when buying a house in the UK – from what it covers to who pays for it and whether you really need it.

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What is indemnity insurance in a UK property sale?

Indemnity insurance when buying a house is a specialist policy used in UK property transactions to cover the buyer against potential legal issues that may arise after completion. These issues are typically linked to title defects, missing documentation, boundary disputes, or planning irregularities. Instead of correcting the issue before the sale, an indemnity policy allows the transaction to proceed while offering financial protection if the issue causes a problem in the future.

Consider it a protective financial shield that allows buyers to proceed even if the property’s paperwork isn’t perfect.

Why is indemnity insurance important for buyers and sellers?

If you’re wondering why indemnity insurance is necessary when buying a house, the short answer is peace of mind.

For buyers, it means you’re protected against financial losses from pre-existing legal problems, even if they only become apparent after you’ve moved in. For sellers, offering indemnity insurance can help move the sale forward more quickly and avoid renegotiations.

Benefits of indemnity insurance when buying a house:

  • Legal protection against hidden risks
  • Cost-effective alternative to fixing the issue pre-sale
  • Transferable to future owners, adding long-term value
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What does indemnity insurance cover in a property transaction?

Indemnity insurance isn’t a one-size-fits-all product. It’s tailored to cover specific risks that may otherwise prevent a property sale from proceeding.

Some of the most common issues that indemnity insurance can cover include:

  • Lack of planning permission or building regulations for extensions or conversions
  • Absence of a completion certificate for works carried out
  • Missing title deeds or defective legal documentation
  • No established rights of way or easement access
  • Historical breaches of restrictive covenants
  • Boundary line disputes with neighbours
  • Errors in lease agreements for leasehold properties

In all of these cases, indemnity insurance for buying a house helps to keep the sale on track by offering protection, not resolution.

How much does indemnity insurance cost in the UK?

The cost of indemnity insurance depends on several factors, including the value of the property, the type of issue being covered, and the level of risk involved.

Typical price range:

  • From £20 to £300 for standard policies (e.g., missing window certificates)
  • Up to £1,000+ for complex coverage (e.g., unregistered access rights or defective leasehold clauses)

The policy is a one-off payment, and it usually covers the property indefinitely, meaning it stays in place for future buyers too.

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Who pays for indemnity insurance – buyer or seller?

Typically, the buyer pays for indemnity insurance, as it directly protects their interests in the property. However, there are situations where the seller may agree to foot the bill.

Common scenarios:

  • The buyer’s solicitor uncovers an issue during conveyancing
  • The seller is aware of a defect and wants to avoid renegotiation
  • Both parties agree during negotiations to split the cost

In either case, indemnity insurance when buying a house is a crucial part of the due diligence process.

Are solicitors required to have indemnity insurance?

Yes. All UK solicitors are legally required to carry professional indemnity insurance, but this is not the same as the indemnity insurance for purchasing a home discussed here.

Solicitor indemnity insurance:

  • Covers professional negligence or errors
  • Protects clients during legal transactions
  • Mandated by the Solicitors Regulation Authority (SRA)

Your conveyancer’s indemnity insurance offers one level of protection, but indemnity insurance for the property itself is still recommended.

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Pros and cons of indemnity insurance when buying a house

Advantages:

  1. Fast and cost-effective way to deal with legal risks
  2. Protects the buyer from unexpected legal claims
  3. Speeds up transactions, removing need for rectification work
  4. Adds reassurance for mortgage lenders and future buyers
  5. Transferable – no need to repurchase if the property is sold again

Disadvantages:

  1. Doesn’t fix the root problem – only covers the financial risk
  2. Policy exclusions may leave some risks uncovered
  3. Not always accepted by all mortgage providers
  4. May offer a false sense of security if not fully understood

FAQs: Indemnity Insurance When Buying a House

It’s a one-off insurance policy that protects buyers from legal and financial issues arising from missing documents, planning irregularities, or title defects. It doesn’t resolve the problem, but covers future costs if it becomes an issue.

No, it’s not a legal requirement. However, solicitors often recommend it as part of the conveyancing process when a risk is uncovered.

Most policies are indefinite, meaning they apply to the buyer and all future owners of the property, unless stated otherwise.

Usually, the buyer’s solicitor arranges the policy. The cost is paid by the buyer, but it can sometimes be negotiated with the seller.

Yes, in most cases the policy will automatically transfer to the next owner. Always check the terms and conditions to confirm.

Why choose Sell House Fast for a quick, hassle-free property sale?

At Sell House Fast, we help homeowners sell their properties quickly and efficiently, especially when legal issues like indemnity insurance for buying a house are involved.

Whether you’re selling a home with missing documents, lease issues, or tenant complications, we offer a cash house buying service with:

  • No estate agent fees
  • No waiting on the open market
  • Fast cash offers, often within 24 hours
  • All legal work handled for you

If you’re trying to sell a property quickly and indemnity insurance is part of the equation, our experienced team will make sure it doesn’t hold up your sale.

Is indemnity insurance worth it?

If you’re unsure whether you need indemnity insurance when buying a house, the answer depends on what’s uncovered during the legal searches. But in many cases, it’s a small price to pay for significant peace of mind. It won’t fix the issue, but it will protect your financial investment in the long term.

Need help navigating your sale or dealing with indemnity insurance in a UK property transaction? Contact the team at Sell House Fast today. We buy any home, in any condition, across the UK, making your sale smoother, quicker, and stress-free. Get your free cash offer today.

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