Indemnity insurance or a replacement certificate: which should you choose?
When a certificate can't be found, the buyer's solicitor often suggests building regulations indemnity insurance. It is quick and it often satisfies a lender, but it is a different thing from having the certificate. Which one is right depends on whether a certificate exists and on what the policy requires.
Start by finding out whether a certificate exists
If the installer registered the work with FENSA, CERTASS, Gas Safe, NICEIC, NAPIT, ELECSA or MCS, or the council signed it off, an official record already exists and a replacement certificate can be issued. That is always the best outcome: it is the real compliance document and nothing has to be insured. The key is to check the scheme registers and the council's online public register first — without contacting the council directly. Our indemnity-safe search does that across every register in 1 working day.
The three routes compared
| Route | What you get | Watch out for |
|---|---|---|
| Replacement certificate | The official copy of a certificate that already exists | Only possible if the work was registered at the time |
| Regularisation certificate | Council approval after the event, for work since 11 November 1985 | The council may require changes, and it takes time. It also tells the council about the work |
| Indemnity insurance | A one-off policy that pays out if the council takes enforcement action | It does not verify or fix the work, and it usually needs the council not to have been told |
What indemnity insurance does and doesn't do
- It is a one-off premium for a policy that covers the cost of enforcement action by the council. It usually passes to the buyer and later owners, and lenders often accept it.
- It does not check the work, make it safe or pay to put it right. FENSA points out that an indemnity policy "doesn't verify compliance", and that real certification is the only proof of it.
- It does not help if a buildings insurer later refuses a claim because a completion certificate is missing.
The Law Society's article on building regulations indemnity policies says they usually require that the work was completed at least 12 months before the policy starts, that the council has not been alerted to the work, that the property has stayed in residential use, that no enforcement action has been taken or threatened, and that any later works are approved by the insurer first. Terms vary, so read the policy wording or ask your solicitor to.
Don't contact the council until your solicitor says so. Many policies are written on the basis that nobody has told the council about the missing certificate. Some insurers can reject or reduce a claim if the insured has contacted the council about it without the insurer's consent, though the exact effect depends on the policy. That is why solicitors usually look at the council's public online register first, which does not involve asking anyone.
When a replacement certificate or regularisation is better
- You want to be sure the work is safe, as a buyer or as the person who lives there. A certificate or a council inspection tells you; a policy does not.
- The work was recent, so the installer is still trading and can often certify or reissue it.
- You plan to extend or alter the house. Some policies need the insurer's approval of later works, so ask before you start.
Regularisation is a council process: you apply to the local authority, and the work only counts if it was done after 11 November 1985. The council may require alterations before it agrees the work complies, and may take enforcement action if the regulations were not followed.
How we fit in
We search the public registers for a certificate that already exists. If you tick public register check only, we read the council's online public register and do not email or phone the council, so a buyer's solicitor can search without prejudicing an indemnity policy. We don't sell or arrange insurance and we can't tell you which route to take. That is for you and your solicitor.
Questions
How much does indemnity insurance cost?
The premium depends on the insurer, the property and the work, so it varies. Your solicitor will usually get a quote. Compare it with the cost and time of a replacement certificate or regularisation before you decide.
Does a policy mean the work is legal?
No. It only covers certain financial loss if the council acts. The work remains as it was, with no certificate.
Who pays for the policy?
That is agreed between the buyer and the seller and their solicitors, so it is a matter for negotiation. The policy is usually arranged through the conveyancers.
Can I get both a replacement certificate and a policy?
If a replacement certificate exists, you don't need a policy for that work. If no record exists, the choice is between regularisation, insurance, or agreeing something else with the buyer, and your solicitor will guide you.
Want us to look for you?
Give us the address and we search every register and your council, then order the official copies. £79 including the register fees for up to 2 copies, and no record means no fee.
Related guides
Official guidance & references
- GOV.UK: Building regulations approval, how to apply (including regularisation)
- The Law Society: Build me up (what building regulations indemnity policies usually require)
- FENSA Help Centre: Indemnity policies
- Planning Portal: Failure to comply with the building regulations
My Certs is an independent service, not part of or endorsed by any scheme, council or regulator named here.