FENSA/building regs for replacement windows?

Solsol

I have posted in House buying and selling board but probably more suited to this board I would appreciate any advice from someone who knows more about this than me!

Close to exchanging contracts and our buyers have asked for a FENSA certificate or equivalent for two windows and the front and back doors which we had replaced around 5 years ago (all upvc) or explain why we believe that these are exempt from building regs.

We don't have any such certificate for these and as we just replaced like for like and didn't use any toughened glass etc I thought they would be exempt from building regs but would appreciate advice from anyone who may know the answer.

I actually saw the guy who installed the windows a few days ago as he came to give me a quote to repair a different window and he told me that he's on holiday for the next two weeks so I know that I won't be able to contact him for an answer regarding this until then anyway (bad luck on my part that I got the email about this two days after I saw him!:mad:)

Thanks for any replies!

Southend1

Offer am indemnity policy?

Solsol

Thanks I think that will be our only option if they are not happy about not having a certificate although if it were me I wouldn't be bothered about having an indemnity policy for a couple of windows I didn't think they were really worth having anyway?

Yorkie1

I have definitely read on here that like-for-like replacement DG is exempt from B Regs but I am not sufficiently familiar with B Regs to prove this. Hopefully someone else is able to do so.

Doozergirl

Any new/replacement window is subject to building control/FENSA/CERTASS.

I can't expand any more on that, sorry. It just is.

Here you go:
http://www.planningportal.gov.uk/permission/commonprojects/doorswindows/

Solsol

Thanks Doozergirl I've seen your comments on other posts and you seem to be in the know about these things so I will take your word for it!

Unfortunately there isn't much I can do as I don't have a certificate so I've just had to tell me solicitor this and see what the buyers want me to do about it. I guess my options will be indemnity insurance or paying someone from the council to come and assess the work done to check it meets building regs?

leveller2911

Yorkie1 wrote: »

I have definitely read on here that like-for-like replacement DG is exempt from B Regs but I am not sufficiently familiar with B Regs to prove this. Hopefully someone else is able to do so.

General rule is if your replacing the entire frame and door/sashes then you have to comply with regs and either go down the FESA route or Councils building notice scheme. If your repairing a timber frame and replacing the door/sashes then your exempt. You still need to fit toughened glass etc where necessary.

wallbash

Personally I would just inform purchaser that there is no Fensa certificate.
And leave the ball in their court. Don't offer to pay anything .

Do you really think a buyer who has found his ideal home ( your house) !
Is bothered by a certificate?? Yes the solicitor has to mention it, it would be lapse of him not to, but he works for the buyer.

As you said and everyone else, a piece of paper is not going to stop a house purchase. If the surveyor has looked at the windows......they have glass, stops the wind and are in good condition , thats whats matters.

leveller2911

Most people I know who have the same problem just say the windows were fitted by the previous owner. The glass units are date stamped so just say the old glass units broke down with condensation and you replaced the glass units. No need for a FENSA cert then.

Solsol

Thanks for replies - hindsight is a wonderful thing and if I'd known about needing a FENSA certificate I would have said they were fitted by previous owner - we've been here five years and had them replaced almost straight away so would have gotten away with it

I have informed my solicitor we do not have the certificate and left the ball in buyer's court now so will see what they come back with!

wallbash

First response is ....... please supply a indemnity policy ( this will be from the solicitor, standard reply) Buyer could not care less.

Your reply ........ you want one, you pay for it.
Nothing will happen
result , everyone is happy.