Fensa Certificate

prudryden

I feel a bit daft here but exactly what is the insurance policy covering and on what basis would they pay out? Is it that if it turns out that the windows required a fensa cert then the insurance would pay for replacement windows or at the least a new certificate from the council, as suggested above? Bear with me on this.

tbs624

samhuzz wrote: »

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

Exactly what we did with a property we purchased - fee was about £75.
Just find the quickest way round these issues and move it forward. Ask the vendor to pay the fee or pay it yourself and get the Council in to certify the windows

It's all well and good getting an indemnity policy against the council taking action against you as the new owner but that doesn't help you if there are problems with the windows themselves. Your surveyor can enlighten you on dodgy window installations with inadequate lintels in place etc.

<sebb>

prudryden wrote: »

I feel a bit daft here but exactly what is the insurance policy covering and on what basis would they pay out? Is it that if it turns out that the windows required a fensa cert then the insurance would pay for replacement windows or at the least a new certificate from the council, as suggested above? Bear with me on this.

here you go!

Lack of Planning Permission/Building Regulations Approval Indemnity Insurance

Indemnity insurance can be obtained where a property has been built, altered or extended without the benefit of planning permission and/or building regulations approval. As a rule an insurer will provide cover only for work that was carried out at least 12 months ago (or four years in the case of the construction of a new property). The policy would cover financial losses suffered by the owner of the property (or his mortgagee) in the event that the local authority took action for breach of planning or building regulations. The losses covered would include legal costs and also invoices for any work ordered to be carried out. Alternative accommodation costs and loss of earning through time taken of work to deal with the problem would not necessarily be covered.
For the policy to remain valid it is vital that the following conditions are met:-

• The local authority must not have been given notice of the works prior to the inception of the cover, and neither the owner, the mortgagee nor anyone acting on their behalf must give the local authority notice following the policy start date.
• The work must have been carried out at least 12 months ago (4 years in the case of a newly built property where the cover is for its construction)
• The property must have been used as a residential dwelling for the last 12 months and must continue to be so used.
• In the case of building regulations cover, a survey or valuation report must have been carried out and must not make any adverse comments in respect of the work to be insured

The indemnity insurance does not provide cover for works carried out of the owner's own free will because he discovers that the standard of work which is insured is not sufficient, and any attempt to get the local authority involved in the hope that they will take action would invalidate the policy.