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Boiler Registration Issues from 2015

Hi all,

We bought a refurbished flat in 2015, and are now looking to sell. We now know that the boiler was never registered when the previous owner (a property developer, and the freeholder) did the work. The registration was not received by our solicitor, but the sale went ahead anyway. The absence of the certificate was not flagged to us during the conveyancing process.

Since then we have had boiler services with no issue. We also rented the property for 4 years, meaning we had gas safety certificates issued during that period, as was legally required. We know the boiler is safe and can demonstrate it, but I am concerned that the lack of registration will be a stumbling block in any transaction when we sell. 

Has anyone managed to navigate a similar situation without a boiler being registered? Key questions I have are:

- Is our solicitor at fault for not raising this at the time, and are they in any way liable? I feel doubtful that we have any recourse here even though it is a clear oversight on their behalf.
- And/or - is the freeholder/developer at fault in any legal sense for not having registered the boiler correctly? 

It is proving extremely difficult to get anyone to retrospectively register and certify the installation for reasons that make obvious sense. We would like to avoid needing to pay for a brand new installation in order to get a correct set of registration paperwork.

Thanks in advance for any wisdom out there on this issue.


Comments

  • jonnydeppiwish!
    jonnydeppiwish! Forumite Posts: 909
    Part of the Furniture 500 Posts Mortgage-free Glee! Name Dropper
    Forumite
    Registered with who? Building control? Brand company? If you don’t have it, then you should be okay with the gas safe cert.
    2006 LBM £28,000+ in debt.
    2021 mortgage and debt free, working part time and living the dream
  • je11222
    je11222 Forumite Posts: 4
    Seventh Anniversary First Post Combo Breaker
    Newbie
    Apologies! Registered to Gas Safe in accordance with boiler installation regulations.
  • propertyrental
    propertyrental Forumite Posts: 1,657
    1,000 Posts Name Dropper
    Forumite
    Retrospective cert is impossible. Forget it.

    Any sensible buyer will be happy with the gas certificates (did you also have the boiler serviced annually? Not the same as a safety inspection!).

    But many buyers (and their lenders!) are not sensible, in which case you provide indemnity insurance (£100? via your conveyancer).

    Totally pointless in practice except to smooth the sale through.


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