No fensa certificate and can't exchange without it

Catbells

Ankatden wrote: »

Put foot down and tell Solicitor thats it.

If they keep at it just indicate you are canecelling sale because of unreasonableness of their solicitor as you believe they are in no position to complete. DH had this happen where couple kept stalling and stalling and eventually he pulled plug day before they exchanged as they had ignored previous warnings and then wanted 6 weeks to complete.

Also tell the Estate Agent to remarket house and you intend using another agent as well.

Sometimes its FTB thinking they get everything in a property like a showhouse.

You have voiced what I was feeling. If we don't exchange by Wednesday as a result of all this nit picking I will call THEIR bluff and ******* (explode) I'll let you know what ensues!!!!!

Orpheo

Catbells wrote: »

Is the indemnity only a one off payment of £30 or so?

Would the same apply to a building regulations certificate comprising of 3 points needing correcting including fire resistant material costing £500 being put up around a wooden beam?If so I could save myself a lot of money. I've got a builder coming on Wed to do this.

With the disclaimer that I am giving you anecdotal advice based on personal experience and I am not a solicitor or insurance professional, it should be somewhere around the £30 mark.

Orpheo

PasturesNew wrote: »

Yours - and it'll stay yours unless you keep jumping through the hoops.

PasturesNew is also right.

sonastin

GDB2222 wrote: »

Is it illegal not to have a fensa cert then?

It isn't illegal to not have a fensa cert (forgive the double negatives!)

I think technically, you are supposed to have the windows inspected as part of building regs, but because the building inspectors have better things to do than come out to every house having new windows fitted, fensa-registered installers have been authorised to self-certify their own installations and their certificate can be used in the absence of a building regs sign off. As most people have replacement windows installed, the fensa cert is more common than building regs approval for new windows in old houses. New windows in new houses (or in new extensions) get their approval as part of the building inspection.

At least, that's how I understand the scheme to work...

Catbells

Well the b***** FENSA certificate is finally in the pipeline but now the buyers solicitor wants to retain £5k until its in their hands! As I said I call her JAWS. Fed up with her attitude and have told them that they can get verification from FENSA organisation by fax of the certificate. If they don't do this it will take 4 weeks for the certificate to arrive by post and that means exchange and completion date will be put forward another month. I don't think the buyers will be too happy with this. It doesn't bother me as I haven't got a new house to move to and am moving into rental (unused vicarage) and haven't confirmed my moving date with them yet.

I was thinking of emailing the buyers just to let them know the real situation. Is this a good idea? I have their email address as somehow they got a hold of mine - and I don't know how: EA said they haven't given it out so can only assume its the solicitors who have passed it on. Would love to tell JAWS off about this but can't be sure its her that gave my email address to the buyers.

lindos90

vet8 wrote: »

We are completing on Friday and my OH managed to break a pane of glass in the back door as he was moving furniture. I plan to get a new pane tomorrow and reglaze it. It is an external single glazed door. I am only doing it as it was broken after exchange so I think we have to leave the house as it was then. Am I allowed to reglaze this or is there some new rule about FENSA certficates on back doors?

Thanks.

im not sure if FENSA is for windows (ie glass AND frame) or if can be applied to just replacement glass. Make sure the glazier is fensa registered, then he can do it if needed. Any replacement glass in a door has to be safety glass due to new regulations, (even if the old one wasnt) so make sure the new glass is safety glass!

If your buyer has direct email with you, can't you discuss the other issues with them, if they dont want the cladding in the beam, why is the solicitor demanding it, they should be instructing their solicitor to do what they say, and if they agree to an indemnity policy for all this, then that should be enough! Its them who are buying the house, not the solicitor, (they also work on behalf of the mortgage company, but they are usually happy with indemnity policies too!)

Milliewilly

Catbells wrote: »

Well the b***** FENSA certificate is finally in the pipeline but now the buyers solicitor wants to retain £5k until its in their hands! As I said I call her JAWS. Fed up with her attitude and have told them that they can get verification from FENSA organisation by fax of the certificate. If they don't do this it will take 4 weeks for the certificate to arrive by post and that means exchange and completion date will be put forward another month. I don't think the buyers will be too happy with this. It doesn't bother me as I haven't got a new house to move to and am moving into rental (unused vicarage) and haven't confirmed my moving date with them yet.

I was thinking of emailing the buyers just to let them know the real situation. Is this a good idea? I have their email address as somehow they got a hold of mine - and I don't know how: EA said they haven't given it out so can only assume its the solicitors who have passed it on. Would love to tell JAWS off about this but can't be sure its her that gave my email address to the buyers.

I wouldn't tolerate a 5K retainer when the certificate is on its way. Even if the certificate never materialized £5K is ludicrous. I would have told your buyers to hop it by now.

There is so much fussiness now in buying a house its becoming a joke - for example I was asked to state in writing there was no mobile phone mast within 200m of my house (there isn't to my knowledge) and if I had ever been burgled! Those buyers live less than 100m away in a rented property.

Catbells

I have now had the cladding on the beam done. This and 3 other (minor) issues needed addressing in order to obtain the Building Regulations Certificate for sign off on the extension. To be honest none were big items but it has cost me £700 to have them done but we now have the certificate which JAWS (their solicitor) wanted. As mentioned the buyers didn't want the cladding but their solicitor did. The buyers have obviously gone along with it.

Am wondering what would happen if the buyers told their solicitor they will go along with the verification from FENSA that the certificate is in place but that it will take 4 weeks to deliver. ie defy her expertise??? Haven't emailed the buyers yet but am ready to.

Catbells

Milliewilly wrote: »

I wouldn't tolerate a 5K retainer when the certificate is on its way. Even if the certificate never materialized £5K is ludicrous. I would have told your buyers to hop it by now.

There is so much fussiness now in buying a house its becoming a joke - for example I was asked to state in writing there was no mobile phone mast within 200m of my house (there isn't to my knowledge) and if I had ever been burgled! Those buyers live less than 100m away in a rented property.

I agree. Its made me hopping mad. The only pleasure I may get from this is that exchange and completion will be held up for another month and I won't suffer - they will!

silvercar

vet8 wrote: »

We are completing on Friday and my OH managed to break a pane of glass in the back door as he was moving furniture. I plan to get a new pane tomorrow and reglaze it. It is an external single glazed door. I am only doing it as it was broken after exchange so I think we have to leave the house as it was then. Am I allowed to reglaze this or is there some new rule about FENSA certficates on back doors?

Thanks.

Nike. (Just do it.)

I wouldn't even mention it to your buyers, solicitors or anyone else.