Lack of FENSA certificate

KingL

wallbash wrote: »

Be honest with the buyer, tell them that a Fensa is cr*p idea.

That’s not very helpful to the OP.


Let’s be clear on a few facts, here.

• If you fit replacement windows, they must comply with building regulations.
• Building regulations are part of the Law of the Land.
• Local Government/Authority building control departments are responsible for ensuring compliance with building regulations.
• You should apply to Local Authority in advance of doing the works.
• FENSA is just an agency that saves Local Authorities some legwork. They register responsible window installers to use the same criteria as Local Authorities for assessing compliance against building regulations.
• You don’t (necessarily) need a FENSA certificate. A Local Authority certificate is just as good (actually better). You can get retrospective ones, but you should be a bit humble about it, as you have already broken the rules by not getting one in advance of the job.
• LA/FENSA certificates are not just “saying a window is a window”, they are certifying that the window (and the installation of the window) meets building regulations. They aren’t optional, they are legal requirements.

I’m sure none of us like the idea of the extra cost/inconvenience of getting certification, but it’s irrelevant whether FENSA is a quango, or if Local Authorities charge a lot to do a site visit and issue a certificate, or whether it’s solicitors who deliver the bad news to you. The fact is that certification is legally required and to suggest to the OP that it isn’t, is rather misleading.



I’ve had a bit of a read about this indemnity insurance – a few points to look out for: apparently there is about a 50/50 chance that the offer will be accepted by the buyer - it's entirely optional; it is likely that the insurance will not be transferable, so if you take some insurance, then he will have to take it out some more when/if he buys the property.

If you (OP) are thinking of taking out indemnity insurance yourself, then check the TnCs carefully – you might find that you aren’t covered if you are the one who changed the windows.

HTH

patman99

If I were purchasing a property, I wouldn't care whether or not there was a fensa certificate, just that the windows opened and closed.

molerat

My SIL's house does not comply with buiding regs. It was built in about 1700 and hasn't fallen down yet.

steve1980

Just get an indemnity policy. Should cost a maximum of £100 I would hace thought. Your solictor will confirm the costs.

dander

KingL wrote: »

I’ve had a bit of a read about this indemnity insurance – a few points to look out for: apparently there is about a 50/50 chance that the offer will be accepted by the buyer

Surely not! Indemnity insurance is a standard thing that comes into the house buying process for all kinds of things. The reason indemnity policies is so cheap is they are almost always taken out for things that never happen.
Like others, there's no way I'd drop out of a house purchase over something like a FENSA certificate. It's really a very tiny issue.