I can't speak for those solicitors as I'm not them and I would never act like I know it all on a planning/building regs matter but the problem is....
The CML Handbook that we have to abide by says this:
Now, clearly I am not qualified to determine exactly what work does and doesn't require planning permission/building regs. Nor am I able to say whether work that has been done satisfies planning conditions etc.. So the options are fairly limited. I either try and interpret planning portal as best I can and make a judgement call on whether or not to proceed without doing anything further. Or I obtain specialist reports on whether the work would need consent and/or satisfies conditions. Or, get indemnity insurance to protect my clients from any risk of enforcement action (regardless of how minuscule that risk might be).
Well it clearly isn't going to be option 1, I like my job and I also like not having to inform my superiors and the company's professional indemnity insurance company of a potential claim
So I'm left with 2 options that are going to a) cost clients money and b) cost clients time. But there is
nothing I can do about that. A lack of knowledge is very accurate to explaining the problem but that's because the lenders require us to make decisions that are outside of our remit.
I was having this exact discussion with a colleague today because we are both sick of getting it in the neck from clients and estate agents about how "indemnity insurance" keeps delaying matters and it's true, but short of being negligent and ending up getting kicked off lender's panels (RIP business in that case) hands are tied. People are just going to have to suck it up that if
they don't get the necessary consents for work on their house or even fail to get confirmation from the council that the work they want to do is exempt, there is literally nothing we can do to avoid these issues cropping up.