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  • FIRST POST
    • ashp
    • By ashp 16th Mar 17, 4:04 PM
    • 403Posts
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    ashp
    FENSA Certificate
    • #1
    • 16th Mar 17, 4:04 PM
    FENSA Certificate 16th Mar 17 at 4:04 PM
    Apoligies for the long post!

    Our solicitors raised an enquiry with the vendors regarding some windows fitted 5 years ago. The initial reply to the enquiry was that the FENSA certificate was being applied for.

    After raising this again the reply sent to our solicitor read "FENSA certificate not arrived, sellers have provided an indemnity policy- draft enclosed"

    The indemnity policy has the following condition:

    "The insurer shall not be liable for any loss arising out of or contributed by the insured persons authorised by them communicating with the local authority regarding the works or applying for a regularisation certificate"

    Bearing in mind the original enquiry stated the FENSA certificate is being applied for I'm not sure where we stand on the above condition within the indemnity policy supplied.

    Our solicitor has given us 2 options:

    1: Ask seller for a "Regularisation certificate" involves building control visiting to check windows comply to required standard

    2: Get indemnity policy. Also says we must get surveyor in to check the adequacy of the building works.

    This all seems a lot for a few new windows! Its currently delaying us exchanging contracts and giving me a headache!!
Page 1
    • stator
    • By stator 16th Mar 17, 4:26 PM
    • 5,808 Posts
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    stator
    • #2
    • 16th Mar 17, 4:26 PM
    • #2
    • 16th Mar 17, 4:26 PM
    Go on to FENSA website and order a copy for yourself for £20. You probably won't need it, and it takes a while to arrive, but in a few weeks if this is still dragging on and the certificate arrives in the post you will be happy.

    Ordering a FENSA certificate would not alert the local authority. If you contact the council directly to ask about the windows this would invalidate the indemnity policy, so don't do that.
    Assuming your surveyor didn't raise any issues about the windows then I would accept the indemnity policy.
    Changing the world, one sarcastic comment at a time.
    • Chanes
    • By Chanes 16th Mar 17, 4:33 PM
    • 841 Posts
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    Chanes
    • #3
    • 16th Mar 17, 4:33 PM
    • #3
    • 16th Mar 17, 4:33 PM
    I would accept an indemnity policy in the absence of FENSA or CERTASS.
    • ashp
    • By ashp 16th Mar 17, 4:36 PM
    • 403 Posts
    • 133 Thanks
    ashp
    • #4
    • 16th Mar 17, 4:36 PM
    • #4
    • 16th Mar 17, 4:36 PM
    Go on to FENSA website and order a copy for yourself for £20. You probably won't need it, and it takes a while to arrive, but in a few weeks if this is still dragging on and the certificate arrives in the post you will be happy.

    Ordering a FENSA certificate would not alert the local authority. If you contact the council directly to ask about the windows this would invalidate the indemnity policy, so don't do that.
    Assuming your surveyor didn't raise any issues about the windows then I would accept the indemnity policy.
    Originally posted by stator
    Thanks for your reply. I have just looked on the FENSA website and can see there is not a certificate present for the windows In question. There is a couple of othersfor other windows in the house. I assume that it does not exist for the windows in question.

    I'm assuming the sellers probably did the same as I have just done and realised it did not exist which is why they supplied the indemnity policy. If this is the case I think the indemnity policy would be valid.

    We don't have a surveyor, the house has had quite a bit of work done and complies with building regs other than these few widow's so I didn't feel it necessary and still don't. I assume I'm going to have to get a surveyor to check the windows for the lenders satisfaction.
    • Hoploz
    • By Hoploz 16th Mar 17, 7:30 PM
    • 3,529 Posts
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    Hoploz
    • #5
    • 16th Mar 17, 7:30 PM
    • #5
    • 16th Mar 17, 7:30 PM
    The lender will usually be satisfied by the indemnity policy.
    The solicitor is suggesting to you that you get the windows checked to make sure they're sound for your own peace of mind. It won't be a mortgage condition, I think you'll find. So no need to have them inspected unless you have reason to believe they are incorrectly fitted.
    • lincroft1710
    • By lincroft1710 16th Mar 17, 7:33 PM
    • 9,637 Posts
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    lincroft1710
    • #6
    • 16th Mar 17, 7:33 PM
    • #6
    • 16th Mar 17, 7:33 PM
    Does anyone know where I can buy shares in a company which offers indemnity policies?
    • G_M
    • By G_M 16th Mar 17, 7:45 PM
    • 41,081 Posts
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    G_M
    • #7
    • 16th Mar 17, 7:45 PM
    • #7
    • 16th Mar 17, 7:45 PM
    god what a waste of everyones time and money.

    The windows have been there for 5 years, so have passed the period of time during which the local authority can take any action.

    Presumably the windows are keeping out the wind and rain?

    OK - potentially they are not up to the insulating level of the standards laid down by building regulations, but no indemnity insurance is going to help with that !

    I suppose if you were concerned about that possibility, you could rip out the windows after Completion and install new ones.........
    • ashp
    • By ashp 16th Mar 17, 7:46 PM
    • 403 Posts
    • 133 Thanks
    ashp
    • #8
    • 16th Mar 17, 7:46 PM
    • #8
    • 16th Mar 17, 7:46 PM
    The windows looks absolutely fine to me! They have glass in them and they open and close!!

    The letter I recieved today from my solicitor mentioned the indemnity policy and goes on to say:

    "In addition, the work carried out could be structurally unsound. You must therefore seek your surveyors advice on the adequacy of the building works. If you are obtaining a mortgage, your lender must also be satisfied as to the structual adequacy before you proceed to buy"

    The wording of this made me think the surveyor is compulsory. However since my post erlier I have thoroughly researched online and as you mentioned it seems lenders are normally happy with an indemnity policy.

    I plan to phone the solicitor in the morning to clarify this point.
    • stator
    • By stator 16th Mar 17, 8:02 PM
    • 5,808 Posts
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    stator
    • #9
    • 16th Mar 17, 8:02 PM
    • #9
    • 16th Mar 17, 8:02 PM
    Those words are the solicitor covering his/her own backside.

    Ask the mortgage lender directly what they require. Usually it's just a valuation survey.
    Changing the world, one sarcastic comment at a time.
    • G_M
    • By G_M 16th Mar 17, 8:03 PM
    • 41,081 Posts
    • 47,195 Thanks
    G_M
    Is your solicitor also acting for the lender? If so, it is up to him to decide on theoir behalf what will satisfy them.

    You can tell him you are satisfied. He can tell you if he is satisfied on the lender's behalf.
    • ashp
    • By ashp 16th Mar 17, 8:15 PM
    • 403 Posts
    • 133 Thanks
    ashp
    Is your solicitor also acting for the lender? If so, it is up to him to decide on theoir behalf what will satisfy them.

    You can tell him you are satisfied. He can tell you if he is satisfied on the lender's behalf.
    Originally posted by G_M
    Yes our solicitor is also acting for the lender. I'm really not keen on the delay in exchanging contracts having to get surveyor out would cause just for a couple of windows. But if that's what we have to do.....

    Most of the windows were done in 2004 and have a FENSA certificate there's just a couple done in 2011 that don't have the certificate.....so frustrating!

    I will update in the morning once I have clarified this.
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