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  • FIRST POST
    • sofsofsof
    • By sofsofsof 19th Jun 17, 10:32 AM
    • 25Posts
    • 21Thanks
    sofsofsof
    No FENSA certificate need it to exchange contracts :(
    • #1
    • 19th Jun 17, 10:32 AM
    No FENSA certificate need it to exchange contracts :( 19th Jun 17 at 10:32 AM
    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*
Page 1
    • ReadingTim
    • By ReadingTim 19th Jun 17, 10:52 AM
    • 2,000 Posts
    • 2,919 Thanks
    ReadingTim
    • #2
    • 19th Jun 17, 10:52 AM
    • #2
    • 19th Jun 17, 10:52 AM
    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
    • By ComicGeek 19th Jun 17, 10:58 AM
    • 188 Posts
    • 138 Thanks
    ComicGeek
    • #3
    • 19th Jun 17, 10:58 AM
    • #3
    • 19th Jun 17, 10:58 AM
    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
    • By eddddy 19th Jun 17, 11:03 AM
    • 5,127 Posts
    • 4,782 Thanks
    eddddy
    • #4
    • 19th Jun 17, 11:03 AM
    • #4
    • 19th Jun 17, 11:03 AM
    we are now waiting for a crutial FENSA certificate and have been told by our solicitor we cant proceed without one?
    Originally posted by sofsofsof
    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.
    Originally posted by ReadingTim
    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
    • By Mickygg 19th Jun 17, 1:10 PM
    • 1,308 Posts
    • 1,012 Thanks
    Mickygg
    • #5
    • 19th Jun 17, 1:10 PM
    • #5
    • 19th Jun 17, 1:10 PM
    I took out an indemnity insurance policy for £150 which my lender was fine with.
    • westv
    • By westv 19th Jun 17, 1:12 PM
    • 4,291 Posts
    • 1,864 Thanks
    westv
    • #6
    • 19th Jun 17, 1:12 PM
    • #6
    • 19th Jun 17, 1:12 PM
    I thought the FENSA certificate for windows was just a box ticking exercise that had no real meaning.
    • caprikid1
    • By caprikid1 19th Jun 17, 1:33 PM
    • 458 Posts
    • 473 Thanks
    caprikid1
    • #7
    • 19th Jun 17, 1:33 PM
    • #7
    • 19th Jun 17, 1:33 PM
    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
    • By eddddy 19th Jun 17, 1:49 PM
    • 5,127 Posts
    • 4,782 Thanks
    eddddy
    • #8
    • 19th Jun 17, 1:49 PM
    • #8
    • 19th Jun 17, 1:49 PM
    I thought the FENSA certificate for windows was just a box ticking exercise that had no real meaning.
    Originally posted by westv
    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
    • By lincroft1710 19th Jun 17, 1:55 PM
    • 9,641 Posts
    • 7,631 Thanks
    lincroft1710
    • #9
    • 19th Jun 17, 1:55 PM
    • #9
    • 19th Jun 17, 1:55 PM
    As window companies self certificate, it does bring into question the value of a Fensa certificate.
    • eddddy
    • By eddddy 19th Jun 17, 2:26 PM
    • 5,127 Posts
    • 4,782 Thanks
    eddddy
    As window companies self certificate, it does bring into question the value of a Fensa certificate.
    Originally posted by lincroft1710
    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
    • By maisie cat 19th Jun 17, 3:57 PM
    • 223 Posts
    • 264 Thanks
    maisie cat
    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
    • harrys dad
    • By harrys dad 19th Jun 17, 6:51 PM
    • 1,810 Posts
    • 2,029 Thanks
    harrys dad
    I wonder how many indemnity policies like this are sold by the solicitor who gets commission. What is there to indemnify against?
    • Chanes
    • By Chanes 19th Jun 17, 6:59 PM
    • 841 Posts
    • 523 Thanks
    Chanes
    The house we bought didn't have FENSA for some windows. I really didn't care, they looked fine to me and we will replace them in a couple of years or so. I've seen some windows fitted by FENSA fitters that were fit to drop out, what a waste of time that certificate would be on them.
    • Stop Watch
    • By Stop Watch 19th Jun 17, 7:01 PM
    • 78 Posts
    • 192 Thanks
    Stop Watch
    On my old house me and my dad fitted all my windows and doors we bought them from a upvc suppler and fitted them much better than the fensa installed windows I had fitted in this house. After 3 attempts of getting it right i negotiated a deal for a discount and fitted them myself!!
    • dlmcr
    • By dlmcr 19th Jun 17, 7:02 PM
    • 128 Posts
    • 144 Thanks
    dlmcr
    Bought a house, new windows no mention of a FENSA certificate, never stopped me getting a mortgage on it. Sold a house, new windows no certificate, no problem selling and no need for indemnity. If your solicitor is telling you that you can't proceed without a certificate then I would be asking them "why?"
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