fensa certificate

sylwana811

Hiya
I bought the house in the June last year - I am the first time buyer.

After few months I started to have the problems with my windows - the fog appeared between double glazed windows.

Now, in my bedroom I can't see absolutely anything through my windows.

I am sure that the windows were installed after April 2002, but my solicitor didn't mention that FENSA certificate is required when

buying/selling the house.

I haven't got that certificate, and I checked on FENSA website as well, that the certificate wasn't issue for my house.

Can you please advise, what I can do in this situation?

I will be very grateful for your help

Stratus

There is sometimes a date stamped on the inside DG unit to tell you when it was made. Either way you appear to have a failing unit with no guarantee. You don't need to replace the whole window and frame though, the DG unit can pop out and be replaced leaving the rest of the frame intact.

bryanb

Fensa certificate is not required when selling a house. The only certificate that is required by law is an energy performance cert (EPC)

sylwana811

there is no the date, but windows don't look too old

Ivana_Tinkle

Your solicitor should have checked there was a Fensa certificate or other proof that the windows meet building regs, and should have asked whether they were under guarantee. If they're not on the Fensa website, chances are they're either old enough that any guarantee has expired, or the owner fitted them as a DIY job, in which case there won't be a guarantee anyway. (But your solicitor still should have checked.)

Double-glazed units do eventually fail in this way though, and they're surprisingly cheap to replace - I'd just get someone out to do it.

sylwana811

Is there any way that i can chase the solicitor about that?

somethingcorporate

There was no need for them to have any kind of guarantee.

You'll just have to pay for new units.

sylwana811

somethingcorporate wrote: »

There was no need for them to have any kind of guarantee.

You'll just have to pay for new units.

Found it in the internet:
"If you are unable to supply a FENSA Certificate or the appropriate building regulation approval when you sell your house it will be regarded as a defect in title by the buyer’s solicitor. This may mean that you have to pay for an indemnity insurance policy on completion which will protect your buyer and his mortgage lender against the risk of the property being down valued because the necessary paperwork is not in place."

sylwana811

bryanb wrote: »

Fensa certificate is not required when selling a house. The only certificate that is required by law is an energy performance cert (EPC)

"If you are unable to supply a FENSA Certificate or the appropriate building regulation approval when you sell your house it will be regarded as a defect in title by the buyer’s solicitor. This may mean that you have to pay for an indemnity insurance policy on completion which will protect your buyer and his mortgage lender against the risk of the property being down valued because the necessary paperwork is not in place.

bryanb

sylwana811 wrote: »

"If you are unable to supply a FENSA Certificate or the appropriate building regulation approval when you sell your house it will be regarded as a defect in title by the buyer’s solicitor. This may mean that you have to pay for an indemnity insurance policy on completion which will protect your buyer and his mortgage lender against the risk of the property being down valued because the necessary paperwork is not in place.

Where did you find that, on a fensa member's website?

I stand by post 3 unless you can quote from a law requiring a cert.

somethingcorporate

sylwana811 wrote: »

Found it in the internet:
"If you are unable to supply a FENSA Certificate or the appropriate building regulation approval when you sell your house it will be regarded as a defect in title by the buyer’s solicitor. This may mean that you have to pay for an indemnity insurance policy on completion which will protect your buyer and his mortgage lender against the risk of the property being down valued because the necessary paperwork is not in place."

I have highlighted the important word in your statement. The word MAY does not imply MUST.

If you wanted an indemnity you should have made it part of the contract when you bought the property.

Even so, having a certificate from the council saying they adhere to building regs will not guarantee how long the units will last for, only the supplying company may offer any kind of guarantee (or may not) above and beyond statutory rights.

You are barking up the wrong tree here but I am sure a quick call to your solicitor you use to purchase the property will put you straight. It may cost you more to pursue than you replace the window units so have you got any quotes for replacement yet?