Boiler installation from 2011 not certified, no building regs

purplebutterfly

The house we are buying had a new boiler installed in 2011 and there was apparently no certificate issued nor was the local council informed for building regulation purposes. It has not been serviced since it was installed but has been maintained by the owner who is a plumber. 

I told the seller that my solicitor would flag this up and asked if he could get someone out to check the boiler over  and issue a Retrospective Building Regulation Compliance Certificate.

He had a gas engineer out, who passed the boiler with no need for any remedial repairs BUT who said it was too old for retrospective permission.  Now my solicitor is pushing for it to be registered with buildings regs and my seller doesn't understand what is going on because he has provided a gas safety certificate. 

I can't find anything online about a time limit for the retrospective installation certificate but I really don't want to say everything is fine if I then have to pay out myself to get it registered after we buy the house. 

Does anyone have any information?  

moneysavinghero

10 years means its probably getting towards the end of its life. Would it not be easier to make the vendor pay for indemnity insurance?

purplebutterfly

Indemnity insurance won't cover me for the cost of having it certified for building regs though would it? 

The boiler is a good one and in great condition so could last another 10 years with regular servicing - I am not looking at replacing it in the near future, to be honest. 

moneysavinghero

Indemnity insurance would replace the need to have it certified. That's the whole point of it.

purplebutterfly

I was under the impression that an indemnity policy would cover me for the removal of the boiler, should the council force it to be removed due to lack of building regs, but wouldn't cover the installation of a new boiler or the cost of getting a compliance certificate. 

  I didn't think the indemnity replaced the need for the compliance certificate entirely. 

"Take out boiler indemnity insurance - the buyer can take out an indemnity policy that protects them against losses for the local authority enforcing the removal of the boiler. The indemnity policy doesn't cover for costs to install a new boiler. The cost for this indemnity insuranc e ranges from £180 to £500"

moneysavinghero

It would cover you against any costs you would incur should the council try and do you for not having the boiler installation cert. No it won't cover you against the cost of a new boiler. But nor would having the cert.

https://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/what-is-indemnity-insurance/

The chances of anyone pursuing you over this are tiny anyway. Especially when you have it checked out as being safe. The owner has got away with it for 10 years.

Carrot007

purplebutterfly said:

I was under the impression that an indemnity policy would cover me for the removal of the boiler, should the council force it to be removed due to lack of building regs, but wouldn't cover the installation of a new boiler or the cost of getting a compliance certificate.

And the chance of that occuring on a boiler with a gas safty cert is so close to zero it makes no odds.

purplebutterfly

  A compliance certificate would solve all these issues but I am struggling to find out if there is a time limit on granting them.

I won't need a new boiler unless the council forced me to remove the existing one.  So the indemnity would cover costs to remove it but not costs to replace what they forced me to remove.  Hence my preference for the certificate.

However, if the general consensus is that the council is unlikely to take any action, that changes things

AdrianC

Why do you NEED it certifying against current regs? Are your lender making it a requirement? You know it won't meet them... even if it did meet the ones in place when it was fitted.

It's a 10yo boiler. The council can't do anything about the lack of paperwork - it's far too long ago.
You have a GSC for it.
Personally? There's bigger battles in life.

purplebutterfly

I am perfectly happy with the safety certificate as long as the council aren't going to come after me.   It's the solicitor saying we need the retrospective building regs satisfied because the boiler was "illegally" installed

Petriix

I doubt you'll find a single example of a council taking action relating to any lack of building regs for any work done that long ago. It's normally just a ploy to get you to buy indemnity insurance. You really don't need to worry unless your lender is insisting.