£225 for lack of Fensa Indemnity?

Onawingandaprayer

We're selling our house for £315,000 and we don't have Fensa certificate. The windows were installed 6 years ago by a friend who has passed away, but i know he wasn't Fensa registered, despite being ex-Everest. Our purchasers solicitor is insisting on an indemnity for the windows and our solicitor says £225. Seems very high, but what do I know? Anybody had to buy one recently? Seems hard to get a quote online as all the sites seem to be for the legal profession to access.

Miss_Samantha

I would ask the buyer's solicitor why they are asking for indemnity insurance.

Unless it is required by the buyer's lender there is no point really. So you would first need to ask yourself whether simply refusing would jeopardise the sale.

AdrianC

What is this policy indemnifying the buyer against?

Onawingandaprayer

According to Google, it's one of these;

All replacement windows and doors installed since 2002 require certification of compliance with building regulations. The responsibility for compliance rests with authorised installers who provide a certificate (the FENSA certificate) to evidence compliance. This document is required by purchasers in the event of the property being sold. If it cannot be provided then insurance can be provided in its place.

Quite why my purchaser's solicitors want it - apart from somebody making money - is beyond me - she's buying the house mortgage-free and we've already knocked £10k off the asking price. I'm inclined to brazen it out and say no...

AdrianC

So it is, as suspected, against enforcement against lack of BR. So totally unnecessary - the window (ba-doom-tish) for that has long expired if they were installed six years ago.

There might be scope for PP enforcement, if it was required (probably not, unless you're in a conservation area) or if your house is listed. But BR? Nope, not needed.

Unless her lender insists on it, in which case it's down to whether you want to risk the sale for a couple of hundred quid on an unnecessary piece of paper. You could suggest she pays for it, or you go 50/50.

Waterlily24

My hubby fitted our windows in an extension, he fitted windows for Zenith many years ago. When the council came to check to pass it the chap looked at the window said it had a Fensa? mark on it and it was all passed. Not 100% sure he said Fensa but there is definitely a logo on the windows.

Onawingandaprayer

Loads of chatter about it on internet forums and ballpark figure seems to be £80 - £100 for the indemnity. Which I'd probably go with for a quiet life. But not £225

Thrugelmir

Probably covers the requirement of the mortgage lender. Cheaper than spending time on legal fees debating the matter.

HappyMJ

Well how about that. I have never seen a certificate for the works completed on my property 11 years ago until today after reading this thread and then finding the certificate online.

£20 for a replacement certificate.

http://www.fensa.co.uk/asp/certificate.asp

AdrianC

Waterlily24 wrote: »

My hubby fitted our windows in an extension, he fitted windows for Zenith many years ago. When the council came to check to pass it the chap looked at the window said it had a Fensa? mark on it and it was all passed. Not 100% sure he said Fensa but there is definitely a logo on the windows.

To be fully approved, the windows themselves need to be FENSA approved, and they need to be fitted by a FENSA-approved installer.

Onawingandaprayer

Thrugelmir wrote: »

Probably covers the requirement of the mortgage lender. Cheaper than spending time on legal fees debating the matter.

She's mortgage-free!