sale of house query re: french doors

amjustagirl

I completed some sale paperwork recently as the vendor of a property. I noted down that french doors were installed back in 2002 at the back of the property as this is what the previous owner had written down in the fixtures and fittings booklet which i'd kept. I was never given any paperwork for this. I purchased the property in February 2006. My solicitor sent me this email today -
I have received the form from you and am sending this, together with replies to your enquiries to the buyer's solicitors. I would imagine they would come back to me in relation to the windows as, even though these were installed prior to your purchase, you should have been handed the certification when you purchased the property as all windows installed since 2002 required a FENSA certificate. If we cannot supply this then it is likely they will require a lack of building regulations indemnity policy which would cost in the region of £21. Would you be willing to pay this?
*where she has noted windows i think she means french doors as the windows in the property are about 15 years old*

Now i do have the money to pay for the policy but more down to principal why should i pay for this? when it's not my fault that the previous owner never passed the paperwork on (for all i know he wasnt given any either?) What would you do? Obviously if this is going to affect the sale of the property i will just pay the money to keep the peace. Just a little annoyed at this though!

G_M

This is becoming increasingly common - and annoying.

After 10 years there is no chance of the council doing anything about the windows whether or not they actually comply with Building Regs (FENSA).

However, mortgage lenders seem to be insisting on these almost worthless insurance policies.

If it is the buyer/buyer's solicitor insisting on the policy, you might be able to persuade them it is pointless.

If it is the lender (or lender's solicitor).... no chance. Pay up.

amjustagirl

Just pulled out old sellers paperwork and he has written down that he was never supplied with a fensa certificate or building reg certificate and was unaware one was required

go_cat

Depends if you are prepared to let the sale fall through for the sake of £21?

You are lucky to get away with one indemnity, for our sale and purchase we had to buy 5!!

amjustagirl

5!..i will stop moaning now :rotfl:

thelem

amjustagirl wrote: »

Now i do have the money to pay for the policy but more down to principal why should i pay for this? when it's not my fault that the previous owner never passed the paperwork on (for all i know he wasnt given any either?)

Buyer beware. It was your responsibility to ask for the certificate when you bought the house.

amjustagirl

thelem wrote: »

Buyer beware. It was your responsibility to ask for the certificate when you bought the house.

As stated the previous owner was never given one? Was it even a legal requirement then to acquire one? I was a FTB then so possible lesson learnt.

thelem

amjustagirl wrote: »

As stated the previous owner was never given one? Was it even a legal requirement then to acquire one? I was a FTB then so possible lesson learnt.

Sorry if that came across a bit agressively, I was just trying to say it was your responsibility to resolve this when you purchased the house, just as your buyer is now. Obviously as a FTB you wouldn't necessarily know what to check or not to check, which is why you employ a solicitor.

silvercar

I thought the significant date was April 2002. If so, I would be tempted to say that you understood they were installed prior to April.

amjustagirl

thelem wrote: »

Sorry if that came across a bit agressively, I was just trying to say it was your responsibility to resolve this when you purchased the house, just as your buyer is now. Obviously as a FTB you wouldn't necessarily know what to check or not to check, which is why you employ a solicitor.

My solicitor didnt say a thing at the time so should he have done? Will be sending the bill his way then. Hope other FTB's learn from this.

McKneff

We had new windows put in about 5 years ago, should I have asked for a fensa certificate.

We are having a porch built, new windows and door going in there, do i need a certificate for that too.

I really wasnt aware of this Fensa requrement, you would think the installer would have mentioned it surely.