Lack of FENSA certificate

Darren046

We are in the process of selling our house, when our buyers solicitor has asked us to forward a copy of the FENSA certificate in respect of the new windows we had installed in 2008. We had 2 bedroom windows done and 1 upstairs landing done. The problem we have is my father-in-law did the work and we didnt know anything about needing a certificate.
After looking online i found this

What can you do: First can apply to local authority for retrospective building regulations consent – can be lengthy process – if it is not granted then LA might make you replace the windows.Secondly, if the window was installed more than 12 months ago then you can obtain indemnity insurance. This will pay for the cost of the replacement windows ONLY if the LA takes enforcement action. This is much quicker and will probably be cheaper, but it can lead to problems – if the window is actually defective and needs to be replaced then the policy will not cover that.

Dont really understand what is best to do?

Thanks.

craig_e

Speak to your solicitor and ask them to get an indemnity policy. They only usually cost about £20 and job done. Failing that you can get the council to come around and check the installation complies with building regs; this may cost £50-£100 depending on the council.

shabby_chic

We are due to exchange contracts very soon and were in the same position as you. As craig_e mentioned our solicitor recommended an indemnity policy which cost us £20. We had a guarantee for the work but no certificate and things are progressing with this, though like you we had a couple of weeks worrying over it.

lindos90

The issue with fensa comes up here quite often, we had the same issue when we moved, and an indemnity cover usually satisfy the buyers solicitor. It only covers in the event that the council take the new owners to task about the lack of certificate, it does not insure for the cost of new windows if they are unsafe/poor quality etc.

One point is that if you contact the council about this, or any other building reg approval/planning permission issue, you are then unable to obtain indemnity.

Hers one of the most recent threads about fensa and house selling...

https://forums.moneysavingexpert.com/discussion/2661519

timmyt

Darren046 wrote: »

We are in the process of selling our house, when our buyers solicitor has asked us to forward a copy of the FENSA certificate in respect of the new windows we had installed in 2008. We had 2 bedroom windows done and 1 upstairs landing done. The problem we have is my father-in-law did the work and we didnt know anything about needing a certificate.
After looking online i found this

What can you do: First can apply to local authority for retrospective building regulations consent – can be lengthy process – if it is not granted then LA might make you replace the windows.Secondly, if the window was installed more than 12 months ago then you can obtain indemnity insurance. This will pay for the cost of the replacement windows ONLY if the LA takes enforcement action. This is much quicker and will probably be cheaper, but it can lead to problems – if the window is actually defective and needs to be replaced then the policy will not cover that.

Dont really understand what is best to do?

Thanks.

most lawyers acting for a buyer will ask for indemnity insurance, but (1) no council has resources to care to enforce about glass...even if they ever found out (2) they cannot after 12 months unless danger to health and safety.

that said, any buyer asking for indemnity insurance is by definition not concerned with a danger to health and safety

your lawyer will fob most buyers off if he is decent enough, but esier to pay if it goes beyond two of his letters.

don't ever get the COuncil around without speaking to your lawyer, as once they come around they could decline it due to none complaince with fire regulations etc....which technically is a danger to health and safety...and that could cost a pretty penny and you lose the ability to take out indemnity inurance.

FENSA is a joke, as we managed with glass in houses since..well houses first appeared.

kmmr

timmyt wrote: »

FENSA is a joke, as we managed with glass in houses since..well houses first appeared.

As is indemnity insurance. It's money for old rope for the insurance companies. I bet the claims on them are virtually nil.