Windows no Fensa certificate no guarantee

marie2

Hi, I'm a FTB. The house I'm due to complete on this week had new windows, patio door and porch door installed last year. There is no Fensa certificate (the company was not Fensa registered), the vendor has not had the local authority building control inspect them to ensure they meet building regulation standards, but will provide an indemnity policy. Additionally at the second viewing I asked about a guarantee, the vendor stated the documentation was not supplied but she would obtain it for me.

Today I found out that there is no guarantee for the windows and only the indemnity policy will be supplied. This will not protect me from any poor workmanship in fitting the windows and without a guarantee (I believe the norm is ten years) I have no comeback if the windows themselves are faulty.

I knew nothing about Fensa and indemnity policies until very recently however I did know windows are costly to replace and that all the windows were new. This was factored into my offer price and I was promised the guarantee.

I feel now that firstly a certificate should be obtained from the local authority building control stating the insulation has been approved under building regulations and that either a guarantee on the windows should be given or a lower price accepted for the house.

Am I correct and what would you do in this situation. Insistence on either of these may result in the sale falling through. Is it worth risking the purchase over?

angelsmomma

I would say no it isn't worth the risk. The indemnity would be enough for me

Yorkie1

You won't get a guarantee now - it would have been linked to the original installers / company.

How long have the windows etc been in?

Is it a conservation area?

Ivana_Tinkle

Agree with angelsmomma. If you're really worried, ask for another viewing and have a really good look at the windows. Take a builder/Dad/v practical friend if you can. But I'd be happy with the indemnity.

marie2

Thanks for the replies. The windows were installed at some point last year. The house is not in a conservation area. There are no restrictive covenants in place re doors/windows.

I had a third and final viewing today with the aim of checking ulilities were working etc. The house is empty yet vendor followed me everywhere and was very annoyed about the whole thing, as a result not everything was checked. I only found out at that viewing that there would be no guarantee when I asked for it as it hadn't been provided yet as promised.

I'll sleep on it but will probably go ahead with things as they stand. We need to complete on thursday, for vendor, so not much time at all to decide. I can't help thinking I'm not getting what I agreed to pay for..but it might be wise to just let this slide.

leeelw

during my time in selling houses I came across these things many a time

an indemnity is a bespoke insurance which should suffice as per the advice you have been given....in some cases the 10 yr gaurentee is never pased onto buyers

for futher reassurance you can get advice from the sol's, who are very factual

the other thing you can do is maybe request the invoices are supplied to you, you could even check out the installer to see if they offer any gaurentees albeit they are not fensa registered, having the invoices and reciepts should suffice and maybe if there was ever a problem at a later date you will have something to say who fitted them. ideally you have no problems at all but they may look to rectify free of charge or at a discount, if a problem occurs and if they are bothered about local opinion, then they will follow correct proceedure

mikey72

only you can decide if it's worth the risk. Why does the vendor need to complete by Thursday? Is that a good reason to reduce the offer by about half the price of the windows, I'd probably go for £200 a window less, and £500 for the two doors. But then they could say no.

marie2

mikey72 the vendor is in severe financial difficulties with mortgage payment due on friday. This has been a quick sale but I have not been prepared to cut corners with conveyancing, just today the vendor complained about all the searches I had done (only those suggested by conveyancer). Vendor has already threatened to pull out, whilst I'm not reacting to that threat I'm uncertain she would accept further delays hence my indecision. Your potential reduction in price is a good idea and once again part of my indecision. The vendor feels she already accepted a lower offer than she wanted as I could proceed quickly. I don't think I got a bargain just a fair deal. I don't think the vendor would accept less from me, even if it means losing the sale (if only I knew though my problems would be solved).

After talking to family, including my Dad who viewed this and other properties with me, I think I'll risk the windows. On reflection in the area I'm looking whilst I could find a property of the same standard at a similar price it may well have older windows not under guarantee anyway.

Thanks again for all the advice. This process has been very stressful.

marie2

leeelw I missed your reply initially. I've emailed the conveyancers with some info they requested and asked them to follow up on whether a guarantee can be obtained and stated at a minimum I would like the name, business address and contact number of the supplier and fitter. I'll request the invoices and receipts also, thanks.

It's reassuring to know this issue occurs regularly

tbs624

leeelw wrote: »

during my time in selling houses I came across these things many a time

an indemnity is a bespoke insurance which should suffice as per the advice you have been given....in some cases the 10 yr gaurentee is never pased onto buyers

The imdemnity policy is merely to cover the property owner against the possibility of enforcement action for having non FENSA window installations that don't meet the appropriate Regs- it has nothing to do with "guaranteeing" the windows and/or the installation work

Some prefer to seek a retrosepctive certification from the BCO - cost us around 80 quid on one of ours IIRC ( probably more like £120 -150 now)

phill99

Talk about lack of knowledge

Having the windows inspected by Building Control will simply confirm that they have been installed correctly as per building regulations. This however is not any form of guarantee that the windows will not fail and will not guarantee the workmanship.

The indemnity policy is as per #10 and again is not a guarantee.

An installer is under no obligation to guarantee his work. He could offer a 28 day, guarantee, a 6 month guarantee, a 100 year guarantee. It's up to him. This guarantee however is only applicable providing his company stay in business. If the company goes bust and ceases trading your guarantee is worthless. Additionally, he could offer only a personal guarantee that would not be transferred to you.

You talk about 10 year guarantees. However, the 10 year guarantee is only on the frames. Hinges and locks are only guaranteed for 12 months. So even if a guarantee had been offered, the most significant part of it (locks and hinges) would be on the verge of expiring now any way.

I moved in to my house 22 years ago. 3 years before that the vendors had windows installed. I had the benefit of the 7 years left on he guarantee (frames only). And how many frames have gone wonky in that time? Not one. How many double glazed units have failed? Not one. The only thing that I have had to change is one Hinge and one lock. Not even cost me £100 in 22 years.

Windows don't go wrong so you are making a huge fuss over nothing.