No FENSA certificate for windows / double glazing

laughingBudha

Hi, 

We have found a beautiful property build in between 1975 - 1980 and our offer was accepted. Although there is a good amount of modernization needed, we considered this property because of its location and most importantly its chain-free. 

Estate agents made us and the seller to sign a "Reservation Agreement" from Gazeal and we thought its a good idea as seller cannot back-off and that gives us some guarantee & peace of mind. The agreement says unless there is a physical defect which needs urgent repair costing more than 1% of the property price, buyer cannot back-off. There is a fine of £2000 the seller and us agreed to pay to the other party if either one of us backs-off without giving a proper reason. 

We got out level 2 survey done and it came up in the survey that the windows need to have FENSA certificate or they do not meet the current building regulations. When my solicitor raised this query with the seller, they don't seem to have one since the installation of windows happened before 2002. 
When I asked for some quotations with FENSA approved windows installers, I received quotations around 15 to 20K. 

Now, the question is, should I go to the seller and re-negotiate the property price to reduce it to 15K to 20K because of the windows not having a FENSA certificate? Is it actually considered as a "Physical defect" as per our Gazeal reservation agreement? 
The seller might find a work-around for this solution by getting a building regulations inspector to inspect the property, but, this all seems very time-consuming. As per the reservation agreement, we both agreed to have the transaction complete in 90 days, we have less than 25 days left now. 
Should I consider that, ball is in my court and ask for a price reduction?

Any advise would be greatly helpful?

CSI_Yorkshire

If you asked me for 20k off the price for a missing FENSA certificate, I'd assume that you were having a laugh and were no longer serious about buying.

And no, I would not consider a missing certificate to be "a physical defect which needs urgent repair".

user1977

Who has given you the idea that this is any sort of significant problem? It doesn't mean you need to replace the windows.

daveyjp

Lack of Fensa wouldn't bother me.  One of those things which for some reason has grown into a far bigger issue than it ever should be during house sales.

The house should already be priced to take into account the age and condition of the windows.

As for the reservation agreement did money change hands when it was entered into?

FreeBear

laughingBudha said: We got out level 2 survey done and it came up in the survey that the windows need to have FENSA certificate or they do not meet the current building regulations. When my solicitor raised this query with the seller, they don't seem to have one since the installation of windows happened before 2002. 
When I asked for some quotations with FENSA approved windows installers, I received quotations around 15 to 20K.

FENSA did not exist before 2002 (nor did any of the other self-certifying bodies such as Certass). So it would be reasonable not to expect any certification from before then. As it was over 20 years ago, the windows are well outside the time frame for enforcement action from the local council, so it would be a waste of money paying for an indemnity policy. The only caveat on that, is if it is a listed property, then you might have English Heritage taking an interest..

As for £15-20K - If you went to the likes of Anglian or Everest, they may well start their sales pitch around that point. A local independent installer would more likely be around £5-6K. If you were to come to me wanting £15K off just because the windows are over 20 years old, I'd be showing you the door.

Jonboy_1984

In you post you say “ or they do not meet the current building regulations”. Any work only has to meet the regulations in place on the day they were completed. Standards changing since that date are not a defect.

Replacement of timber framed windows without appropriate lintels leading to structural problems would be a defect, but should also be fairly obvious to the surveyor.

F70

Me and my dad fitted windows in my one before last property and did a better job than the SO CALLED FENSA fitters did in my last house!

JGB1955

In a street of 29 houses, all built in 1985, ALL have had their windows and doors replaced and only TWO have a FENSA certificate.  Totally useless.

theartfullodger

Sold 3 houses since start of 2020.  No Fensa guarantee or usual paperwork at all on who replaced all doors and windows.  Never had a purchaser query the matter.

Another daft "guarantee/insurance" that is a waste of money and time.

Dustyevsky

Find out who funds FENSA.

I can tell you, when I needed them, the people concerned were chocolate fireguard material.

jonnydeppiwish!

This is seriously someone having a joke? Fensa certificates from an installation over 20 years ago?
£5k decrease in price?