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House purchase - Important documents missing, should we pull?

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  • Dan-Dan wrote: »
    The boiler has been serviced you said ? Also not sure how an indemnity would help regarding the boiler assuming installed over 12 months ago. ...

    Hi Dan,


    from the things I have seen online regarding indemnity insurance, it can only be valid if the item is 12 months or older, and there has been no issues within the last 12 months with Council / LA regarding the item (ie Boiler)
  • The house I'm buying has some replacement windows with no FENSA certificate. I'm not worried; my surveyor put in his report the need to check for this certification; however, is 'offline' opinion was the windows were fine! It certainly wouldn't make me pull out.
    Experience is simply the name we give our mistakes (Oscar Wilde)

    If you tell the truth, you don't have to remember anything (Mark Twain)
  • Yorkie1
    Yorkie1 Posts: 12,037 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Building Regs require certain works to comply with the regs.

    Replacement windows and new boilers are such works.

    A Fensa certificate and boiler installation certificate provide evidence of compliance with the regs, without the council needing to be involved.

    An indemnity policy guards against the expense involved in the council deciding to enforce the failure to comply with the regs (i.e. either through the certificates or a council inspection). It does not guard against the expense involved if the work itself is faulty.

    If the surveyor says the windows look fine, I wouldn't be worried. If a service / gas safety inspection said the boiler was working safely and fine, I wouldn't be worried. Ask the seller to get the boiler inspected but if they won't do so, then get your own person round to inspect.
  • gazter
    gazter Posts: 931 Forumite
    Tenth Anniversary Combo Breaker
    silk wrote: »
    Hiya

    We're half way through buying a house and have just heard news that the following "cannot" be provided:

    1, FENSA certificate for some replacement windows.
    .. I am concerned about this since on the FENSA site it states they need that to be able to sell. Our solicitor cannot confirm which windows were replaced or when.

    2, "Building Regulations Certificate" for the gas boiler.
    Boiler has been confirmed as "gas safe" (service report 05/07/2013) but I am still worried this document can't be provided as it appears to be a legal requirement.

    Apparently "indemnity insurance" has been offered to cover legal fees should any issues arise, but I am unsure how useful that is or how much peace of mind it should give.

    I am also unsure what effect this state of affairs would have on our ability to insure our building and contents, if any.

    Our solicitor has said it's quite common for this to happen, happens 50% of the time, but I wanted to post here to get the thoughts of others who may have experienced the same or may have legal knowledge on the matter.

    Also to consider is how this would affect our ability to sell onwards..? We've been told the indemnity can be passed on to the next owners but it all sounds dodgy to me.

    Fensa certificate is about £12 online, if authorised installer, service report of a plumber far more important in terms of showing the boiler is working.

    You will be hunting for a long time if you are not wanting missing certificates etc.
  • gazter
    gazter Posts: 931 Forumite
    Tenth Anniversary Combo Breaker
    silk wrote: »
    The boiler does not have a "Building Regulations Certificate", which I believe is detailed here:

    http://www.gassaferegister.co.uk/advice/gas_safety_in_the_home/building_regs_certificates.aspx

    Neither does mine, and im selling. I made sure it had a recent gas safe certificate. That is the most you can really expect. It isnt something you should worry about.
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