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Windows no Fensa certificate no guarantee

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  • BASFORDLAD
    BASFORDLAD Posts: 2,418 Forumite
    Yes i dont quite understand why you are worry over windows
    For everthing else there's mastercard.
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  • Richard_Webster
    Richard_Webster Posts: 7,646 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Lack of guarantee is really irrelevant. Even if there is a guarantee it wouldn't be worth much - a lot of small double glazing companies go into liquidation and start up again under a lightly different name so they don't have to honour previous guarantees!

    I'm not a surveyor, but as far as I can see the major issue with double glazing that caused it to be the subject of Building Regulation control in the first place is that sometimes window frames, particularly in bays, were actually structural in that they supported brickwork above. Replacement glazing often did not provide adequate support.

    Usually there will be a lintel over a door or window opening and if that was retained the buyer may think that the quality of the double glazing itself is less important.

    It may be necessary to get a retrospective regularisation from Building Control or at lease an indemnity policy to satisfy future buyers or a present mortgage lender, but that is a different issue.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • angelsmomma
    angelsmomma Posts: 1,192 Forumite
    Part of the Furniture Combo Breaker
    marie2 wrote: »
    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.

    I have to say that if I was the seller I would not go with you unless you stopped going on about the windows.

    I think that as Phill99 said you are making a fuss about nothing.
    Life is not the way it’s supposed to be. It’s the way it is. The way you cope with it is what makes the difference.
  • Taadaa
    Taadaa Posts: 2,113 Forumite
    I would be concerned that the windows were not installed by someone registered with FENSA and had not been signed off by building control instead. We are in a position of having to change one of the windows in our property at a cost of £500 because it does not meet building regs. I would question why someone would install windows and not sort this out in the first place - sounds like corner cutting to me, and in that case, who knows what other corners have been cut.
    I have had many Light Bulb Moments. The trouble is someone keeps turning the bulb off :o

    1% over payments on cc 3.5/100 (March 2014)
  • mikey72
    mikey72 Posts: 14,680 Forumite
    phill99 wrote: »
    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. ......

    Very true. The windows need to comply for insulation, glass, frames, construction, not just installation.
  • mikey72
    mikey72 Posts: 14,680 Forumite
    I have to say that if I was the seller I would not go with you unless you stopped going on about the windows.

    I think that as Phill99 said you are making a fuss about nothing.

    You wouldn't be paying your mortgage on Friday then. I'd reduce the price more if you threatened to walk away.
  • Richard_Webster
    Richard_Webster Posts: 7,646 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    There are various different issues here aren't there?

    1. Council will take enforcement action - very unlikely indeed - they haven't got the staff to go round investigating such things.

    2. Difficulty selling because a buyer worries about it or his lenders cause difficulties - entirely possible - and this is the main reason for addressing it - but this isn't really about the quality of the work - purely a bureaucratic requirement in practice.

    3. Worry about the quality of the work. Yes, but put it in context. My house has 22 year old double glazing put in long before FENSA was thought of. Is a buyer really going to be worried about that? It might be a minor matter he takes into account when he makes an offer - the need to replace the windows at some point. People who buy older houses have to accept all kinds of features that wouldn't comply with modern regulations but don't seem to worry unduly about them.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • marie2
    marie2 Posts: 132 Forumite
    Thanks for all the replies and advice. I will accept the windows as they are and without guarantee. Sale was not completed today and is being delayed by the fact that the kitchen extension is probably built over a foul sewer line and may be over the manhole cover needed to access it. Hopefully everything can be sorted soon.
  • Please can someone advise me if I should be concerned proceeding with my purchase. I know these seem to be common issues but after reading numerous posts I'm still struggling with what I should do next.

    I'm buying a small 2 bedroom house in a Conservation area built in 1880 The kitchen was added as an extension approx 12yrs ago. The whole house has all recently been refurbished and double glazed in 2010.

    A full buildings survey did not show anything structurally to be concerning although I was asked to seek a FENSA guarantee for the windows and proof of building regs for the extension.

    The vendor claims he bought the property at auction and so he cannot provide any documents about the extension. He also cannot provide any guarantees for the windows he had installed. They are made of UPVC so he most likely has no planning permission either. He has offered to pay an indemnity for the windows but obviously this does not prove they were installed properly. He is not offering anything for the extension as it was there when he bought it.

    My solicitor is pushing for an indemnity for both but is this enough?
    Is an indemnity actually valid for the extension that has been there so long?

    Should I also be concerned what all this will mean when I come to sell the property?

    Please can someone advise me what's the best way to move forward, if at all? This is my first house so I really don't know how major my concerns are.

    Thank you.
  • Yorkie1
    Yorkie1 Posts: 11,990 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Bramble, the first thing you need to establish is whether the double glazing infringes on the rules for your conservation area.

    People have sometimes found that they are forced to reinstate compliant windows after purchase - with all the hassle and cost that that would entail. Your solicitor will be able to assist with this.

    Difficult to know in the absence of this information, whether the windows are a deal-breaker. I would have thought at the least he would be able to tell you who he used to install the windows, and you can search for them online.
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