uPVC windows in a listed property.

DearOhDear

Hi all, I hope I can get some advice please? My father unfortunately agreed for a well known window company to install uPVC windows at the rear of a listed property he owned, the company knew the property was Grade II listed and stated they could not touch the front door or any of the front windows but I think they thought that as the rear of the property would not be seen they said it would be ok to install the windows.
This was a couple of years ago and since then my father has sold the property and of course at the point of sale the windows became an issue as permission for the replacement windows had not been sought from the council.
My father has since paid out for new sash windows to be built and fitted all under the guidance of an architect and the local council and they have now been signed off and Fensa registered. This whole exercise has cost my father just shy of 10K.
I have spoken with a carpenter where we have just holidayed, ironically, who makes bespoke windows and he suggested we write to the window company and request some sort of monetary compensation as they should have never encouraged my father to sign and agree to the windows being installed as the property is listed. Does anyone think it is worth pursuing this matter please?

bod1467

When were the uPVC windows fitted?

Valli

I rather suspect that, as the owner of the property it was entirely your father's responsibility to ensure that any work he commissioned didn't fall foul of the regs.

DearOhDear

16/12/2011 The contract was signed and the windows fitted early 2012. I do think that my father was sort of coerced into agreeing to the windows being being fitted but of course no real proof - the 'confirmation of survey details' form has been signed by my father and I don't know if he ticked the different boxes or the surveyor did but in the 'no known restrictions' box it has been ticked but the window company did know about listed restrictions because they had already said they wouldn't fit a new front door as it was listed.

George_Michael

I might be mistaken, but I thought that before any renovation work was carried out on a listed building, the building owner had to apply to their local council planning dept for permission for the work to be done.
For "ordinary" properties, the building company or window installer can do this, but for listed buildings, only the owner can seek the relevant permission.

DearOhDear

You may be right George Michael but I think the company may have duped my father a little and said as the windows were at the rear of the property and wouldn't be seen that it 'would be ok to fit uPVC'. I know it's no excuse but my father is old and trusted what the window company was saying in that it would be ok. The thing is they knew the property was listed and they should have never touched it, simple as that- I think they saw my father as an easy touch!!

George_Michael

Is the window company FENSA registered? (most of them are).
http://www.fensa.co.uk/
If so, it might be worth contacting them and ask their advice as any registered company is meant to issue a certificate stating that the installation is compliant with the current building regulations.

This may well be the stumbling block:

I don't know if he ticked the different boxes or the surveyor did but in the 'no known restrictions' box it has been ticked but the window company did know about listed restrictions because they had already said they wouldn't fit a new front door as it was listed.

Even though they said they couldn't fit the door because of the listed status, your father would have to prove that they knew and unless there is something in writing, this will be just about impossible to do.

Poppie68

It was your fathers responsibility to apply for Listed Building Consent failing to do so before any works are started is a criminal offence so your father is lucky they have'nt decided to prosecute. If he had applied he also may of been informed of the English Heritage grants for listed building, but thats not to say he was gauranteed a grant, failing that they would also of advised that any work that requires Listed Building Consent to a residential property is exempt from VAT.

shaun_from_Africa

Poppie68 wrote: »

It was your fathers responsibility to apply for Listed Building Consent failing to do so before any works are started is a criminal offence so your father is lucky they have'nt decided to prosecute.

It's extremely unlikely that the OP's father would have been prosecuted if their council had found out about the new windows.
Very few prosecutions are attempted for breeches such as this, and in the first instance, the owner will simply be asked to put in a retrospective planning application.
If for any reason this was refused or the council decided that the work was not of the standard or type required then they would be given the opportunity to restore the property to the state it was in before the work was carried out, and if this request wasn't carried out, then a prosecution may happen.

As the work has now been done to the correct standard and with the proper paperwork in place, a council lead prosection would be pointless and despite many councils being innundated with "jobsworths", is something that won't happen.

DearOhDear

No prosecutions were made and the windows have been restored to the original spec but my question is being brushed aside, what I would like to know please is if I might be worth my while writing to the window company and asking for some sort of compensation, I will also do as George suggested and check with Fensa. Thanks for that bit of advice George.

ThumbRemote

DearOhDear wrote: »

No prosecutions were made and the windows have been restored to the original spec but my question is being brushed aside, what I would like to know please is if I might be worth my while writing to the window company and asking for some sort of compensation, I will also do as George suggested and check with Fensa. Thanks for that bit of advice George.

You can of course write and ask.

It's likely they will refuse, and deny any advice they gave. In this case there's little else you can do, as you have no proof of what was said so no real case against them.