FENSA Indemnity, please HELP

mark.w.jones

Here's the problem guys,

Our house sale has stalled because of a lack of FENSA certificate on two new double glazed windows we had fitted to our utility room. Get an indemnity insurance against them you might say. Sounds like a good option and I'm sure our buyers would go ahead with this.

Problem

Windows were installed only 9 months ago by a local builder who is not FENSA certificated. We have told our solicitor this and stupidly given her the receipt for purchase as well. Do you think she might consider overlooking this fact, return the receipt to us and and apply for the indemnity still saying they were installed 12 months ago?

Option 2 is to have Local building Inspector people around to pass the windows. Sounds like a good option?

Problem

We are looking to take out building indemnity insurance on the roof we had fitted to the utility room as well. If we invite an inspector around to look at the windows he may take issue with the roof as well. This will then make it impossible to for us to take out an indemnity insurance against it.

Option 3. Have the windows removed and reinstalled exactly as they are but by a FENSA registered fitter.

Problem

Just ridiculous in my view

Option 4. Wait until the 12 months is up and apply for the window indemnity then.

Problem

Mortgage, HIP pack, other searches we have had done and a valuation we have paid out for all expire in the next 6 weeks, so we may end up massively out of pocket and having to pay out again for them.

Can anyone think of any other way around this?

Doozergirl

I didn't realise that you couldn't purchase indemnity inusrance within 12 months. Handy that, as after that time it's pretty impossible for Building Control to take any action! Just goes to show how pointless indemnity insurance really is in cases like this.

I take it that the utility room is not a new extension, you just replaced the roof and the window? If you really can't have an indemnity policy then have the inspection carried out and get building control sign off.

You would need building control sign off for the roof if:
You carry out structural alterations
The performance of the new covering will be significantly different to that of the existing covering in the event of a fire
You are replacing/ repairing more than 25 per cent of the roof area, in which case, the roof thermal insulation would normally have to be improved.
(this is taken from the planning portal http://www.planningportal.gov.uk/england/public/buildingwork/projects/workcommonroof/)

Now we're talking about a utility room here which I presume is less than 25% of the total roof area? That makes it a non-issue on the insualtion front. Admittedly I have no idea about fire performance but they won't know what was there before, they would also have trouble proving that you had made any structural alterations even if you had AND they won't be able to prove when you'd had the work carried out.

They will not dig all that hard for that sort of information, you just answer any questions (if indeed they are bothered at all). 12 months after the work is carried out they'd have to get a court order to serve any kind of enforcement notice on you. They wouldn't even dream of bothering taking action for just a little roof unless they saw it and it was blatantly dangerous. They don't usually bother with things they aren't asked to look at although you occassionally get a particularly 'thorough' inspector though they will probably just ask the question, although I doubt it.

If you don't talk about it, I doubt they will.

Milliewilly

I think the indemnity certificate malarkey is getting out of control.

timmyt

Is your lawyer half decent, or cheapo? Will they bottle when a roblem like this comes up because they are not a solicitor but a headset clerk?

Technically FENSA is needed, but we are talking about 'windows' glass quality for goodness sake. OK there could be fire safety issues, but if you are talking indemnity insiurance, then clearly no one is caring about that. And heck you are selling and walking away anyway.

The Council can take action after 12 months, forgt the myth, when there is a danger to health and safety.

Let us hope that your lawyer can make the argument to the Buyuer's lawyer that it is just windows despite the regulations, OR........offer the equivalet indemnity insurance money so they can take it out in 3 months fully paid by you.

No Council has the money to chase for lack of FENSA.

Doozergirl

timmyt wrote: »

The Council can take action after 12 months, forgt the myth, when there is a danger to health and safety.

What myth? I said they couldn't enforce without a court order after 12 months and not a chance of them bothering unless it was dangerous. Which is absolutely true.

"You can't be served with a section 36 enforcement notice more than 12 months after the date of completion of the building work, but this does not affect a local authority's (or any other person's) right to apply to the courts for an injunction for the same purpose."
(from http://www.direct.gov.uk/en/HomeAndCommunity/Planning/BuildingRegulations/DG_4001372)

timmyt

Doozergirl - i don't comment about other posts.

Keep the solutions coming for OP everyone