Boiler Compliance Certificate

needamemory

I have read through the posts relating to this issue but cannot find one that fits my case. I had a boiler installed by a corgi engineer four years ago and was given the commissioning paperwork. However I did not realise a compliance certificate should have been issued and the engineer has now retired and I have lost touch with him. The boiler was registered with the manufacturer but not building control. British Gas checked my boiler in order that I could be covered for annual checks which I have had done since the installation and produced the paperwork for the buyers. I am now selling my property and after four months the buyers requested an indemnity policy which I agreed to provide. However they have now contacted the local authority invalidating any policy and my solicitor has advised the only option I have is to contact a qualified engineer to certify the heating system has been correctly installed and provide a building regulations compliance certificate. I have contacted several engineers who said they are not willing to do this. I have no idea what to do next. With thanks for any advice.

AnotherJoe

I had an issue with my certificate and the organisation that issued it (whose name I forget but the organisation that succeeded corgi,) were very helpful in getting it corrected. Perhaps if you contact them they can advise of engineers in your area who might be willing to do the work.

Surely there must be many cases where a certificates wasn't issued and this needs to be rectified, so there must be some out there.

I've got to say, I'd be extremely reluctant to sell to your current buyers,( if they haven't pulled out which is unclear from your post.). It's one thing to want it fixing another to go tattling to the authorities. Who knows what other tricks they'll be playing later on.

G_M

This sort of rubbish comes up increasingly. So pointless.

* the boiler clearly has been well maintained and you have proof of this

* after 4 years, the local authority has no power to enforce Building Regs

A section 36 enforcement notice cannot be served on you after the expiration of 12 months from the date of completion of the building work.

Building Act 1984

Unfortunately it has become common for buyers, their solicitors, and/or their lenders to request indemnity insurance. I have yet to hear of a single occassion when such a poicy has paid out (for the reason above) - it's a scam.

I would instruct your solicitor to reply along the ines of
* the boiler is well maintained but you are welcome to have it inspected if you wish
* the Building Act S36 does not allow a LA to enforced Building Regs after 12 months
* Nonetheless I have offered an indemnity policy as a goodwill gesture to move the sale forward
* if you have invalidated this by your own actions the matter is now in your hands

Please advise if you wish to progress with the purchase by return so that if not I can re-list the property.

G_M

AnotherJoe wrote: »

I had an issue with my certificate and the organisation that issued it (whose name I forget but the organisation that succeeded corgi,) were very helpful in getting it corrected. .

GasSafe.

They may have records of the installation.

needamemory

Thankyou so much for the response. I was unsure what to do but now feel confident in contacting my solicitor.

macman

You are under no obligation whatsoever to provide any certification for this. Offer them a service before you exchange if you feel you must.

AnotherJoe

If no certificate is legally required isn't it somewhat worrying that the sellers solicitor is unaware of this and is having his or her client chase around heating engineers spending money with them?

macman

Because people increasingly think that when buying a house, everything will be somehow certified: gas install, electrics, roof...

G_M

macman wrote: »

Because people increasingly think that when buying a house, everything will be somehow certified: gas install, electrics, roof...

Last house I sold, some buyers spotted the mousetrap under the kitchen sink.

they wanted to see the Pest Control Officer's recommendation report for eradication, and to know the BSI number of the trap.

The presence of mice did not seem to worry them.

needamemory

Just thought I would write an update. I have done all I can to get this matter resolved. I have contacted an engineer who is happy to carry out an inspection and provide a report relating to the boiler but the buyers are still not happy and still insisting on a compliance certificate. The engineer I spoke to today quite understandably advised it would not be possible for a compliance certificate to be applied for by another engineer after all this time. I have given the buyers a copy of the commissioning paperwork, British Gas safety check certificates, offered an indemnity policy and finally an independent gas report but the buyers are not accepting anything.

I have advised my solicitor of my position, as recommended in previous posts. My solicitor has also advised me that because the buyers have reported my boiler to the LA I can no longer offer an indemnity policy to any other proceedable purchaser.

Neither the solicitor nor the EA appear able to advise what other alternative there is.

Thankyou.

Rodders53

needamemory wrote: »

Neither the solicitor nor the EA appear able to advise what other alternative there is.

I'm gobsmacked your EA hasn't got any other ideas ... except they are too lazy to get off their backsides.

Tell the EA to put the house back on the market NOW and find you another buyer with a more sensible solicitor asap.

Not all buyers/buyers solicitors will be so stupidly pedantic.

Of course once the house goes back on the market your existing buyer might see sense and offer to exchange...