House without correct window regs

tomfrancis19

We are in the process of buying a house with windows fitted, solicitor has sent us this:

a) Building Regulation Approval is obtained from the local council; or

b) The windows are installed by a FENSA registered window company, who then issue a FENSA certificate to confirm the windows installed comply with the appropriate regulations.

Unfortunately, the sellers have been unable to produce either of the required consents mentioned above. Accordingly, I cannot confirm that the windows installed are compliant with the appropriate regulations.

There are two options available to enable the matter to proceed:-

1) You could ask the sellers to make an application to the Local Authority for retrospective building regulation approval. This would involve the Local Authority inspecting the windows and hopefully giving their consent. Any retrospective approval granted would remedy matters but the process is highly likely to take some time (depending upon the Local Authority concerned and their work load) and we would anticipate there would be a delay in your purchase proceeding.

2) Alternatively, the sellers have offered to take out (at their expense) an indemnity insurance policy. A draft of the insurance policy is attached. The sellers will pay the premium due to take out this policy. This is a one-off premium paid when the policy is issued, so you will not need to make any future payments. The policy is written for the benefit of the owner of the property from time to time. You will, therefore, be able to hand this policy to your buyer as and when you come to sell this property. These policies are very commonly used to quickly deal with problems where sellers cannot produce the correct paperwork.

can someone please advice on the approach to take? If we take the indemnity policy, what happens if we decide we want to replace the windows and doors? Does this invalidate the indemnity policy? Do you even need permission to change the windows and doors in the future?

user1977

You haven't told us how long ago the windows were fitted.

If you replace them, then you'll be dealing with the building regulations for the new windows. What happened before would be irrelevant. 

Nikkilou86

If you wish to replace the windows and doors use a Fensa registered installed to do the job and keep hold of the certificate, you’d then pass this onto a new buyer. If you don’t replace the windows and doors then you’d just pass on the indemnity policy onto a new buyer. 

goodwithsaving

Really wouldn't bother me if I didn't have FENSA (or CERTASS), or building reg approval for windows or doors, regardless of age.

Slithery

Have you checked the FENSA website? Just because the vendor doesn't have them doesn't mean that they don't exist.

Jeepers_Creepers

Hi Tom.

As asked above, when were these windows replaced?

And what does the vendor say about them - who fitted them? Why no cert?

The indemnity policy sounds like the simplest option, but what would it actually cover?! Is it to cover you in case the BC tries to take action against you? If so, forget it because almost certainly they won't. Will this indemnity policy actually pay out to replace these windows in the worst case scenario? I doubt it, so - again - pretty worthless. So, "A draft of the insurance policy is attached" - what does this say?

In any event, obviously when you replace the windows, these previous conditions/indemnities will no longer apply - you'll need to have your new windows either fitted by a certified installer, or have the installation certified by BC.

Personally, as long as the windows appear to be decent quality, work well, and are clearly properly fitted, I wouldn't lose sleep over this.

deannagone

All true, unless the property is in a conservation area where the council has determined replacement windows have to be of a certain type.  However this doesn't apply to most of the country.

I would be looking at the window surrounds pretty closely to make sure they supported the property sufficiently (i.e had lintels).  

NSG666

I replaced the UPVC windows in my house a few years ago and I'm not FENSA registered nor did I inform Building Control. I knew about the indemnity insurance route and this is what I'll do when I come to sell. I don't live in a house that has any conservation restrictions.

From memory (so check it if needs be). After investigating my options beforehand, I learnt that if nothing is said within 2 years of them being installed then no action can be taken.

If you replace any windows and doors you'll presumably use a FENSA registered installer who will give you a relevant certificate.

NQManchester

I was not aware of FENSA when I got my windows changed and the window company didn’t give me a certificate and unfortunately by the time I sold my house the window company had liquidated. Lesson learnt.

I rang FENSA and they were very helpful, the company was registered but just hadn’t bothered getting me a certificate. They said normally they could reissue one if the company was still in business so they might be able to get one without too much issue.
My solicitor said the buyers might insist on an indemnity policy but that they were pretty much a pointless waste of money and in the end the buyers weren’t that bothered. 

p00hsticks

You can check if a certificate was produced and order a replacement copy at the FENSA website here

https://forms.fensa.org.uk/fensa-certificate

tomfrancis19

Thanks for all your help. I believe they were a self install after the year 2002 which is why either regs or a Fensa installation were required.

basically i wanted to know what would happen if i decide to replace them in the future, but user1977 and nikkilou have answered that by saying what happened before would be irrelevant which is fine, as i would then be able
to use a FENSA installer. 

Thanks