Indemnity policy for windows

fruitymango

Hi all,
Sorry if this has been asked before, I did find a similar post but there wasn't an exact answer, and its stressing me out now as I can;t get an actual definitive answer!
We are in the process of buying a house (FTB) and are about to exchange, all going fine, apart from the solcitor has informed us about an indemnity policy for some windows and back door that the seller had fitted last year. We knew they had been fitted and thought great, we don't need to bother about forking out for new ones! However, it has come to light that the seller never had a FENSA certificate or anything issued to confirm with building regs and therefore must have just been fitted by a friend - and the seller has agreed to pay for the indemnity policy. This all sounded great and thought nothing more of it. However, after reading a bit about all this (having never heard of indemnity policies before!) we are now a little worried about the safety aspect. Am I right in thinking the policy doesn't confirm safety of the windows/door or whether safety glass was fitted etc etc, and is it just a way for the solicitor to satisfy the lender?! If we were to get a safety check done, how would we go about this and I am worried that the seller will just say pay for it yourself if you want it! Also, by getting an inspection done, would this invalidae the indemnity policy?

Basically, are we making a fuss over nothing!? Shall we just say yes to the indemnity policy and ASSUME the windows/door fittings are sound? When I tried to ask this to the estate agent, they informed me that they 'have never heard of this question before, the indemnity policy ususally sorts it.' - yes it does, but it doesn't confirm safety, I feel like no one is listening to me!

Many thanks

Bananamana

fruitymango wrote: »

Am I right in thinking the policy doesn't confirm safety of the windows/door or whether safety glass was fitted etc etc,

correct - you should have your surveyor check them.

fruitymango wrote: »

and is it just a way for the solicitor to satisfy the lender?! ?

it will and will only protect you against enforcement action (whhich would never be brought)

fruitymango wrote: »

If we were to get a safety check done, how would we go about this and I am worried that the seller will just say pay for it yourself if you want it! Also, by getting an inspection done, would this invalidae the indemnity policy?

Check the underwriting criteria

Sounds like the solicitor is just short cutting. Ifsolicitor wants to use insurance he should send you a demands and needs statements explaining the policy, underwriting criteria and other options.

To be honest though if they were installed less than year ago they wont get indemnity.

Depends how much of a fuss you want to make over it but just make sure you'r happy with the installation :P

tbs624

All the indemnity policy does is cover you if the Council pursued the issue of there being no FENSA cert in place.

It cost around £80-100 for the Council to check it out and let you know if the installation complies. This is what we did when we bought one property without its FENSA cert but,as you already seem to be aware, if you down that route you cannot then have an indemnity policy. Personally I'd rather know that the windows comply, so I'd ask the vendor to get the Council in and they foot the bill.

Doozergirl

It would be cheaper for the vendor to pay Building Control to have them checked than for them to purchase an indemnity policy anyway.

If that is what you want, then ask for it and see what they say!

SimonMrGreenWard

Depends on timescales. Having an indemnity policy for windows is very common. If it works okay and seems to be fitted well, shouldn't be a problem.

I wouldn't bother with having the council out, but I am an estate agent so see this sort of thing all the time.

Richard_Webster

Obviously not having the certificate does raise a potential safety issue but what would you have said if the winbdows had been fitted in 2001 before they had to comply with the Building Regulations?

I think you have to make a balanced judgement as to how likely there is really going to be a problem.

vet8

Richard_Webster wrote: »

Obviously not having the certificate does raise a potential safety issue but what would you have said if the winbdows had been fitted in 2001 before they had to comply with the Building Regulations?

I think you have to make a balanced judgement as to how likely there is really going to be a problem.

Exactly.

Glaziers and builders and DIYers have been fitting windows and doors for years and they have not fallen out. The windows in our house are all about 50 years old, they are still fine.

These FENSA certificates are pretty recent and do not necessarily mean that any windows fitted without them are potentially dangerous.

tbs624

vet8 wrote: »

Exactly.

Glaziers and builders and DIYers have been fitting windows and doors for years and they have not fallen out. The windows in our house are all about 50 years old, they are still fine.

What does the fact that you think your 50 year old windows are fine have to do with anything?

It's not about whether the windows will "fall out": it's about complying with the building regs for replacement windows and doors, and using appropriate glazing materials in "critical areas", thermal insulation properties and so on. Google Document L (Fuel Conservation) and Document N (impact/safety) - see also Parts A, B, F, M , J

vet8 wrote: »

These FENSA certificates are pretty recent and do not necessarily mean that any windows fitted without them are potentially dangerous.

It's been a requirement since April 2002 and in the OP's case, it seems the windows were fitted last year, so no excuse not to comply. Poorly installed windows can affect a building's structural integrity, can cause condensation problems and so on, in addition to innaproriate glazing leaving the occupants and visitors at risk of injury from broken glass.

tbs624

SimonMrGreenWard wrote: »

Depends on timescales.

The vendor is going to hit this problem with any purchaser:any delay is down to their own omission and tbh there isn't generally a long wait for a Buildings Control Officer to check this sort of issue out.

SimonMrGreenWard wrote: »

Having an indemnity policy for windows is very common.

Having problems with poorly installed non-compliant windows is also very common, and that's not covered under the indemnity.

SimonMrGreenWard wrote: »

I wouldn't bother with having the council out, but I am an estate agent so see this sort of thing all the time.

..but then you're not the buyer, just someone who makes money out of another house sale reaching its conclusion

Orpheo

Doozergirl wrote: »

It would be cheaper for the vendor to pay Building Control to have them checked than for them to purchase an indemnity policy anyway.

If that is what you want, then ask for it and see what they say!

Not sure that this is true. I, as a vendor, paid for an indemnity over some french doors that we'd had fitted, cost about £30 if I remember rightly. May have been less, I'm fuzzy but I know it was considerably cheaper than getting the council out.

leighannwatson

This makes interesting reading. Last year we had new doors and windows fitted by a reputable company and had all our FENSA certifcates sent through the post and if you go on the site it tells you when they were fitted and registered. Anyway at the same time a neighbour was fitting his own windows and doors, so I assume he won't have FENSA certificates for these (he's not a window fitter to say the least iykwim!) I assume this would affect them when they decide to sell.