Fensa Certificate

mikejay

We are in the process of buying a house but it has been held up because the seller has no fensa certificate for the windows. Its an ex council house not in a conservation area the windows have been in a few years now and are the same type as the other houses. Should we be worried about this certificate and let it hold up our purchase ? And also can anyone tell me what a mortgage fee is we have just had our completion statement from the solicitor and it has a mortgage fee of £99 + £16 vat but we are paying cash we have no mortgage?

elise83_2

The seller's solicitor should be able to arrange insurance to cover the lack of Fensa certificate - I'm sure other posters will correct me if I'm wrong but this covers you if the building regulations people come by and say that you need to reinstate the original windows. It doesn't cover shoddy window installation however lack of Fensa certificate doesn't necessarily mean the quality of the workmanship is suspect.

We did this for a place we renovated 6 years ago and had our contractors install the windows. Only found out about Fensa when we came to sell and insurance cost about 40-50 pounds I think.

Ian_W

Its an ex council house not in a conservation area the windows have been in a few years now and are the same type as the other houses.

The requirement for a FENSA certificate only came into force in April 2002, so if the windows were fitted before then they don't need one. By the description it may be a local authority improvement job before your seller bought from them.
In any case it is for the vendor to sort out, rather than you - but it shouldn't be a deal breaker.

As for the fee, it sounds like a mistake being left in on a standard letter when it shouldn't have been. Query it.

timmyt

elise83 wrote: »

The seller's solicitor should be able to arrange insurance to cover the lack of Fensa certificate - I'm sure other posters will correct me if I'm wrong but this covers you if the building regulations people come by and say that you need to reinstate the original windows. It doesn't cover shoddy window installation however lack of Fensa certificate doesn't necessarily mean the quality of the workmanship is suspect.

We did this for a place we renovated 6 years ago and had our contractors install the windows. Only found out about Fensa when we came to sell and insurance cost about 40-50 pounds I think.

dead right, indemnity insurance is the way forward at the sellers expense. Such a minor issue. But why has it been held up...lawyers deal with this by indemnity oiver an exchnae of one letter! And all this for windows..really!? Some lawyers have no common sense if they delay because of a FENSA certificate! OK it is a regulation and technically right, but either get insurance or carry on. The Seller will pay, I always get them to, so won't take but one letter normally.

yes tell your client the options and they can choose

(Their mortgage fee is an add on...cheapo firms do that they add on...charging you for acting for the lender when that should be all in in what they quote, not separated, as they try and pass that off as a third party expense to make their upfront fee look smaller. It doesn't apply to you if you have no mortgage though.........................................................................but be fair to the lawyer, their completion statements are just a sumamry of your finances, so don't be too hard on them, as they are sending it to you to check in case they have not got things right.....in this case they have

mikejay

Thanks for all the info we will have a word with our solicitor and see what happens i spoke today to them and they just said that they are still waiting for the fensa for the windows the owner says they had them fitted but i dont know when and i dont think she does as she is an old lady.

timmyt

check if there is acertificate using:

http://www.fensa.org.uk/asp/certificate.asp

if the property is not shown then there is not one, and only insurance is the way forward, or get the company to issue one if it is their oversight (and they are FENSA registered) - but sounds like that is not an option

mikejay

Thanks Timmyt looked at that today next door is on it but the one we are getting is not.

chickmug

From my perspective this is a ruse by the seller, through his solicitor, to stall for time. Do you know of any reason/s why this may be the case.

As timmyt has said it really should not be an issue and not one that causes more than a very slight deley. Ten minutes perhaps!!!! or even a full day but no more.

So dig in deeper to find out if this is a smoke screen?

samhuzz

Hello

I work in Building Control at the local council and if the works are done through FENSA then Building Control should have been notified by the company carrying out the works. If the company weren't FENSA registered, you (or the vendor) can apply for a Regularisation Certificate for the windows. This is a retrospective application. Building Control would come out and check the windows then issue the certificate if they were ok. At my council we can come out 24 hours after the application is put in, so it can be resolved that way really quickly. There is a cost however, at my council it is about £80, shouldn't think this would vary too much from council to council.

Sam

Milliewilly

What about a replacement of a misted UPVC pane - does that have to have a fensa certificate as the windows were fitted pre 2002 hence the misted pane?

mikejay

Thanks everyone spoke to the ea today they say the sellers solicitor are trying to get hold of her and she is going to get the indemnity insurance ea say it looks like we could complete next week as soon as the seller gets the insurance she is not trying to stall as the house is empty and she wants to sell it asap as its costing her double bills on everything.So thanks for all your help and options ea also say the mortgage fee is a misprint and get it taken off.