Windows fitted 8 years ago - Indemnity important?

bowcreek

Hello everyone - Just a quick one to get your views on.

About to exchange on a ground floor conversion flat. Seller fitted 2 new windows in kitchen around 8 years back when the bought and moved an internal wall to make kitchen entrance wider.

They don't have FENSA cert for windows and their solicitor says because it wasn't a load bearing wall, the building regulation consent wasn't necessary.

No problem with windows or anything as such, all looks well done.

Question

1. Can local authority challenge the windows / work carried out internally after 8 years? Is an indemnity insurance suggested in this case?
2. If yes, would a single indemnity policy cover both things ?


Thank you

AdrianC

Unless your lender has specific requirements, then it's only as big an issue as YOU want to make of it.

Doozergirl

What he said ^

If it isn't an issue to your lender, I don't think it's an issue at all.

G_M

bowcreek wrote: »

1. Can local authority challenge the windows / work carried out internally after 8 years? Is an indemnity insurance suggested in this case?
No. Not after 4 years
2. If yes, would a single indemnity policy cover both things ?
No (even if 1 above had been 'yes')

Thank you

Edit: sorry - 4 years is Planning Permission.

local authority has two formal enforcement powers which it may use in appropriate cases.

First, if a person carrying out building work contravenes the Building Regulations, the local authority may prosecute them in the Magistrates' Court where an unlimited fine may be imposed (sections 35 and 35A of the Building Act 1984). Prosecution is possible up to two years after the completion of the offending work. This action will usually be taken against the person carrying out the work (builder, installer or main contractor).



Alternatively, or in addition, the local authority may serve an enforcement notice on the building owner requiring alteration or removal of work which contravenes the regulations (section 36 of the 1984 Act). If the owner does not comply with the notice the local authority has the power to undertake the work itself and recover the costs of doing so from the owner.



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.

https://www.planningportal.co.uk/info/200128/building_control/38/building_regulations/3

Levs01

Can they not just get copy certificates from Fensa? I had to get two (separate installs). Yes they were £20 each, so £40 in total but I could think of 275,000 reasons to spend the £40. In the grand scheme of things it's only £20.

G_M

Levs01 wrote: »

Can they not just get copy certificates from Fensa?.

I assumed the windows were not istalled by a FENSA installer.

Might have been wrong though.

HouseBuyer77

solicitor says because it wasn't a load bearing wall, the building regulation consent wasn't necessary.

You may want to get this confirmed. Indemnity insurance won't cover you if the ceiling falls in (and home insurance might not either).

bowcreek

G_M wrote: »

Edit: sorry - 4 years is Planning Permission.


https://www.planningportal.co.uk/info/200128/building_control/38/building_regulations/3

So if I understood correctly - No enforcement will happen from planning side because its been 8 years. Also no enforcement from local council either because its past their time limit as well. Did I get that right please?


Moreover these windows are at the back of the property and of course been there for 8 years, so chances of going wrong are slim.

lincroft1710

Are the windows in an internal or external wall?

If external, then unless the windows are in a single storey part of the property it is very likely that they were installed in a load bearing wall. What is important is that the lintel above the window is strong enough to support the brickwork/blockwork above. This applies to both external and internal walls.

Also if fitted in an external wall the windows should be double glazed to meet building regs current in 2008.

Finally 8 years and no problems is no guarantee that there won't be trouble in future years if a lintel of insufficient strength was fitted.

bowcreek

Yes lintel (hopefully of correct strength) was fitted, seller's solicitor confirmed in a letter and windows are double glazed. Windows are on load bearing wall as well.


My question was more towards enforcement possibilities and need of indemnity given its been 8 years they were fitted.

lincroft1710

If no-one applied for building regs, the council will be unaware that windows were installed. Councils do not have teams of people visiting random properties and checking that every aspect complies with building regs!

Your concern should be about the safety and suitability of the installation, indemnity policies are money for old rope, in the vast, vast majority of cases a complete waste of money.