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No FENSA certificate need it to exchange contracts :(

sofsofsof
sofsofsof Posts: 168 Forumite
in House buying, renting & selling
Hi the sellers lawyers we are dealing with havent yet replied about a FENSA certificate on some windows completed 2007. The sellers lawyers are acting in a probate sale (owner passed away). They firstly are very slow to reply, took 3 weeks to reply and even then missed out 4 questions (firstly, anything we can do about that?) secondly, we are now waiting for a crutial FENSA certificate and have been told by our solicitor we cant proceed without one? is there a way i can search if the house has ever had one? how? (i have tried FENSA website).. i cant see anyway to search a house? any advice at all would be awesome! :)

*should add so far taken 13 weeks to process this house*
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Comments

  • ReadingTim
    ReadingTim Posts: 3,970 Forumite
    Name Dropper First Anniversary First Post
    https://www.fensa.org.uk/fensa-certificate

    Scroll to the bottom - how to get a FENSA certificate. Costs £20 and you can search by postcode and house number.

    If it doesn't have one, instruct your solicitor that you wish to continue with the purchase and accept the associated risk. Your solicitor works for you: you tell them what to do, not the other way around.
  • ComicGeek
    ComicGeek Posts: 1,539 Forumite
    First Anniversary First Post Name Dropper
    FENSA is one of a few ways of demonstrating that the windows/doors installed complied with Building Regs at the time of install - just because there isn't a FENSA certificate also doesn't mean that it's not been installed properly.

    Have you seen the relevant windows/doors? You should be able to make your own decision about the risk, not be told by your solicitor what to do. These are 10 year old windows, and unlikely on a probate case to be able to find the relevant paperwork anyway, if it even existed.

    Sounds like you need to take charge of this. solicitors will, if left to their own devices, try to reduce risk to zero, it's their job. But sometimes you have to say as their client that you understand the residual risk and are happy to proceed anyway.
  • eddddy
    eddddy Posts: 16,390 Forumite
    First Anniversary First Post Name Dropper
    sofsofsof wrote: »
    we are now waiting for a crutial FENSA certificate and have been told by our solicitor we cant proceed without one?
    ReadingTim wrote: »
    If it doesn't have one, instruct your solicitor that you wish to continue with the purchase and accept the associated risk. Your solicitor works for you: you tell them what to do, not the other way around.

    If you are buying with cash, you can indeed instruct your solicitor to proceed anyway.

    If you are buying with a mortgage, it's likely to be the lender saying they will not lend you the money without a FENSA certificate.

    (Your solicitor is also acting for the lender.)

    Your lender might accept an indemnity insurance policy instead.
  • Mickygg
    Mickygg Posts: 1,737 Forumite
    First Anniversary Name Dropper Combo Breaker First Post
    I took out an indemnity insurance policy for £150 which my lender was fine with.
  • westv
    westv Posts: 6,081 Forumite
    Name Dropper First Post First Anniversary
    I thought the FENSA certificate for windows was just a box ticking exercise that had no real meaning.
  • caprikid1
    caprikid1 Posts: 2,127 Forumite
    First Anniversary Name Dropper Combo Breaker First Post
    Had it with a house I sold, never had one , Window company bust. I could have got one but it was going to be a mighty pain. In the end I paid for the indemnity policy and they reluctantly accepted.
  • eddddy
    eddddy Posts: 16,390 Forumite
    First Anniversary First Post Name Dropper
    westv wrote: »
    I thought the FENSA certificate for windows was just a box ticking exercise that had no real meaning.

    There are building control regulations that apply to replacement windows. A FENSA certificate is confirmation that those regulations have been met.

    Those regulations take into account things like...

    - Thermal efficiency (i.e. the amount of heat lost through a window)
    - Means of escape (e.g. The ability to use a window to escape from a fire)
    - Glazing in critical locations (e.g. Safety glass in low level windows/doors to reduce risk of injury.)
    - Ventilation (e.g. to stop damp/mould)

    So if there is no FENSA certifacte, it may be that whoever installed the window didn't take those kinds of things into consideration.
  • lincroft1710
    lincroft1710 Posts: 17,608 Forumite
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    As window companies self certificate, it does bring into question the value of a Fensa certificate.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • eddddy
    eddddy Posts: 16,390 Forumite
    First Anniversary First Post Name Dropper
    lincroft1710 wrote: »
    As window companies self certificate, it does bring into question the value of a Fensa certificate.

    There are many self-certification/competent person schemes. As you say, they may all be open to abuse to a lesser or greater extent, including...

    Gas engineers self-certify
    Electricians self-certify
    MOT garages that do MOT repairs self-certify

    And here's a list of 15 or 20 more self-certification schemes that self-certify work for building regs compliance:
    https://www.gov.uk/guidance/competent-person-scheme-current-schemes-and-how-schemes-are-authorised
  • maisie_cat
    maisie_cat Posts: 2,067 Forumite
    First Anniversary Name Dropper Academoney Grad First Post
    I couldn't find my installation on the FENSA website, so I checked with building control, who did indeed have the installation recorded.
    The installer had used CERTASS instead, so not having a FENSA certificate does not mean that the installation is non compliant
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