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FENSA & Legal Indemnity Insurance
Nalia
Posts: 8 Forumite
Good afternoon all,
It's now crunch time for me in my selling / buying process, and the only thing holding everything up is the FENSA certificate.
The flat I am selling is an ex-council, and the council managing the major works does not hold the certificate. FENSA do not have one either, but it seems the windows were replaced back in 1997 / 1998 when FENSA did not exist.
Would the FENSA requirements still apply to building works done prior to their creation?
When I bought the flat my solicitor automatically provided me with legal indemnity insurance, so this question was never raised.
I wish it had been though, as this is now holding the whole chain back and property deals in chains are complicated enough.
If FENSA requirements are compulsory for older installations as well, would the quickest way to go around it be for my buyers to get a legal indemnity insurance? The one I had through my solicitor two years ago would not be valid for this transaction right?
Sorry if this all seems a bit dumb, I am really trying to grasp what is required here and who is really responsible for what. I would have expected the council, who leases me the flat and carried out the works, to be responsible for following regulations, but I guess I was wrong.
Thanks in advance for all your help!
It's now crunch time for me in my selling / buying process, and the only thing holding everything up is the FENSA certificate.
The flat I am selling is an ex-council, and the council managing the major works does not hold the certificate. FENSA do not have one either, but it seems the windows were replaced back in 1997 / 1998 when FENSA did not exist.
Would the FENSA requirements still apply to building works done prior to their creation?
When I bought the flat my solicitor automatically provided me with legal indemnity insurance, so this question was never raised.
I wish it had been though, as this is now holding the whole chain back and property deals in chains are complicated enough.
If FENSA requirements are compulsory for older installations as well, would the quickest way to go around it be for my buyers to get a legal indemnity insurance? The one I had through my solicitor two years ago would not be valid for this transaction right?
Sorry if this all seems a bit dumb, I am really trying to grasp what is required here and who is really responsible for what. I would have expected the council, who leases me the flat and carried out the works, to be responsible for following regulations, but I guess I was wrong.
Thanks in advance for all your help!
0
Comments
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If the windows were definitely installed in 1997/8 then no FENSA certificate is required.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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If the windows were installed pre FENSA then they do not need any form of certification or indemnity insurance.0
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Gosh I really hope this is the case and we can move on.
Thanks a lot0 -
... But just to add, indemnity policies are normally transferable so if there was one when you bought you can pass this over. Was it definitely for the windows? Odd to get one when it wasn't actually required.0
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FENSA certificates came in around April 2003. Any windows, doors etc installed prior to that does not requires a FENSA cert.0
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