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  • FIRST POST
    • Smb3088
    • By Smb3088 15th Jul 17, 7:29 PM
    • 193Posts
    • 22Thanks
    Smb3088
    Answering Solicitors Enquiries?!?
    • #1
    • 15th Jul 17, 7:29 PM
    Answering Solicitors Enquiries?!? 15th Jul 17 at 7:29 PM
    A year and a half ago, I replaced my wooden double doors and windows that were rotten and damp with upvc double glazing.
    Now I'm selling my property and the buyers solicitors are asking for an approval certificate from the freeholder as apparently the replacement needed the lease freeholders certificate of approval.

    I never knew this and don't have it?! What options do I have, as this is delaying conveyancing exchange dates. Will an idemnity insurance policy cover this scenario if it's taken out for the doors and windows? Help
Page 1
    • anselld
    • By anselld 15th Jul 17, 8:00 PM
    • 5,280 Posts
    • 4,812 Thanks
    anselld
    • #2
    • 15th Jul 17, 8:00 PM
    • #2
    • 15th Jul 17, 8:00 PM
    What does the Lease state?
    Request retrospective approval from the Freeholder if the lease confirms this is a requirement.
    • Smb3088
    • By Smb3088 15th Jul 17, 8:11 PM
    • 193 Posts
    • 22 Thanks
    Smb3088
    • #3
    • 15th Jul 17, 8:11 PM
    • #3
    • 15th Jul 17, 8:11 PM
    That structural alterations need approval.
    Will an idemnity policy not cover this ? As considering I've already done it a while ago, I'm nervous to ask permission at this stage and even more concerned how long an approval certificate will take to turn around?
    • sultanabran
    • By sultanabran 15th Jul 17, 8:30 PM
    • 151 Posts
    • 103 Thanks
    sultanabran
    • #4
    • 15th Jul 17, 8:30 PM
    • #4
    • 15th Jul 17, 8:30 PM
    Replacing windows isn't really a structural change is it? If the openings have remained the same size then it's a straight swap.
    • Smb3088
    • By Smb3088 15th Jul 17, 8:44 PM
    • 193 Posts
    • 22 Thanks
    Smb3088
    • #5
    • 15th Jul 17, 8:44 PM
    • #5
    • 15th Jul 17, 8:44 PM
    I made sure it was like for like.. The main Frame stayed and was not altered . just the actual window annd doors replaced . I still also got asked for a fensa/buildings regulations certificate. I know an idemnity policy can act for that purpose. But I'm not sure if it will cover the freeholders lack of approval.
    My buyer is not fussed and pleased he's got double glazing, it's his solicitor whose raised these enquiries
    • deuteronomy
    • By deuteronomy 15th Jul 17, 9:56 PM
    • 16 Posts
    • 3 Thanks
    deuteronomy
    • #6
    • 15th Jul 17, 9:56 PM
    • #6
    • 15th Jul 17, 9:56 PM
    I had the same issue selling my house recently, I just told my solictor I dont have any certs and had no intention of getting any, I also called the buyer who didnt care one jot and told her solicitor to ignore it.

    ah this was not a lease though so this will probably not help!
    • anselld
    • By anselld 15th Jul 17, 10:13 PM
    • 5,280 Posts
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    anselld
    • #7
    • 15th Jul 17, 10:13 PM
    • #7
    • 15th Jul 17, 10:13 PM
    It is not a structural alteration so no need for Freeholder permission (if that is the exact wording) however you should have a building regs compliance cert (FENSA or equivalent). Did you get it done properly?
    • Smb3088
    • By Smb3088 15th Jul 17, 10:28 PM
    • 193 Posts
    • 22 Thanks
    Smb3088
    • #8
    • 15th Jul 17, 10:28 PM
    • #8
    • 15th Jul 17, 10:28 PM
    It was done by a Fensa approved company but they never gave me the certificate. My solicitors have taken out an indemnity policy for this purpose as the Buyers solicitors requested one. Happy with that I guess, but worried about the approval for the replacements. I know and agree it wasn't an alteration it was a replacement but they're being finicky with this ad I don't know what option I have? As it's been done so how am I suppose to gain approval for it now ? Will indemnity insurance be valid for this cause ?
    • G_M
    • By G_M 15th Jul 17, 10:31 PM
    • 41,077 Posts
    • 47,209 Thanks
    G_M
    • #9
    • 15th Jul 17, 10:31 PM
    • #9
    • 15th Jul 17, 10:31 PM
    I made sure it was like for like.. The main Frame stayed and was not altered . j
    Originally posted by Smb3088
    but it's not like for like is it?

    replaced my wooden double doors and windows that were rotten and damp with upvc double glazing.
    I believe this would be a structural change requirinf freeholder consent, but diubtless your solicitor can advise, based on the precise wording of the lease.
    • goodwithsaving
    • By goodwithsaving 15th Jul 17, 11:15 PM
    • 619 Posts
    • 936 Thanks
    goodwithsaving
    Replacing windows isn't really a structural change is it? If the openings have remained the same size then it's a straight swap.
    Originally posted by sultanabran
    Depends if it stipulates frame colour (which I believe hasn't changed), patterned effect of opaque glass etc and if the new ones have deviated
    Every time you borrow money, you’re robbing your future self. –Nathan W. Morris
    • eddddy
    • By eddddy 16th Jul 17, 12:08 AM
    • 5,125 Posts
    • 4,778 Thanks
    eddddy
    I would try things in this order...

    1. Tell the buyer (via there solicitor) that according to the lease, freeholder consent is not required. But if the buyer's solicitor insists...

    2. Offer to pay for indemnity insurance for breach of leasehold covenant. If the buyer's solicitor still refuses...

    3. Ask the freeholder for retrospective consent.


    The problem with option 3, is that if the freeholder knows that you urgently need consent in order to sell, some freeholders might try to fleece you for a large fee - knowing that you don't want to waste time arguing about the fee.
    • Smb3088
    • By Smb3088 16th Jul 17, 7:14 AM
    • 193 Posts
    • 22 Thanks
    Smb3088
    Thanks for the info. They had to be like for like in look to keep with the other flats resemblance. So I ensured they were white, astragal bars and looked exactly the same as the old ones, apart from wooden vs upvc. So like for like in that sense.,
    I'll try eddddy's recommendation if it comes to that. Let's hope they'll allow me to get an idemnity policy for breach of lease.

    Thank you everyone.
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