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Insurance to cover rebuild to new Building Regs?

  • 01-05-2015 11:55pm
    Registered Users Posts: 10

    Im hoping that somebody out there might be able to offer advise or even opinion , having tussled with Insurance appointed loss adjuster for endless months and having provided all relevant information re reinstatement of house ie. planning requirement and need to comply with Building Regs and planning conditions we are still stuck with loss adjuster sayiing that they will not cover any of the requirements or conditions that may be laid down by the planning authority. Our concern is that the reinstatement which need planning will encompass all parts of the building being Building Reg compliant , damage varies from severe heat and smoke damage to complete destruction so some works are renovate and upgrade to current and some will require complete rebuild.

    My understanding re indemnity is that the policy holder should be placed in no worse a position than the one they were in prior to the event occuring, thus if the house was compliant based on its build date prior to the event then I presume it is the duty of the insurer to ensure that the policy holder has a house that fully complies with the regulations in place when it must be rebuilt and repaired ?? I understood that this was the purpose of having Insurance rather than a situation where they try to say " we will cover the bit of wall thats damaged but we dont have to give any consideration to any planning compliance issues or costs" Below is the clause from the Insurance policy which notes no exclusions, If anybody can offer some advise I would be most grateful.

    We will pay the cost of complying with any
    Government, Local Authority, Building or other
    Regulation to the extent that these apply to parts of the
    Premises damaged by an insured cause (but not where
    notice has been served on You prior to the occurrence
    of the loss or damage).


  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 17,860 Mod ✭✭✭✭DOCARCH

    Mod Note: Just moving your thread to the 'main stream' as you may get more responses.