Window fitter wasn't FENSA registered and we now want to sell - next steps

gypsymoth

Hello

We made the classic error of getting some window fitting work done from a guy who seemed legit and committed to becoming FENSA registered in text, but didn't follow through and is now ignoring calls etc.

We are now in the process of selling the property and need that certificate 

We know we've made a mistake, but would appreciate advice from anyone who's been in this situation. We are quite far along in the sale process, so the quickest option is the preference - we dont mind spending a little cash to speed things up

We've heard talk of council regs checks or indemnity insurance but unclear of the pros and cons

thanks

Tiglet2

When the solicitor asks for the paperwork, just advise them that you don't have any and are prepared to pay for the indemnity policy that the buyer's solicitor will inevitably ask for.  

gypsymoth

Tiglet2 said:

When the solicitor asks for the paperwork, just advise them that you don't have any and are prepared to pay for the indemnity policy that the buyer's solicitor will inevitably ask for.  

Thank you. In your experience is this usually expensive?

We're also concerned the buyer will walk away from the deal but surely this sort of things happens regularly?

Jonboy_1984

Unless there is a bigger red flag such as being in a conservation area or lintels being obmitted, I would personally just admit it on the property information forms, and let the solicitors do their thing, that will likely result in indemnity insurance (From memory on the form it asks have any windows been changed and then is a fensa certificate available yes or no).

Bear in mind if you approach the council to ask about it (in a way that identifies the property)then the indemnity is not an option.

Tiglet2

gypsymoth said:

Tiglet2 said:

When the solicitor asks for the paperwork, just advise them that you don't have any and are prepared to pay for the indemnity policy that the buyer's solicitor will inevitably ask for.  

Thank you. In your experience is this usually expensive?

We're also concerned the buyer will walk away from the deal but surely this sort of things happens regularly?

It regularly happens, don't worry!  Lots of sellers can't find paperwork or threw it away!

The indemnity insurance is not expensive in the scheme of things, most likely between £50-£100, but as Jonboy says above, this is all assuming you're not in a conservation area, or a grade 2 listed building.  Definitely don't contact the Council because you won't be able to offer the indemnity if the Council become aware of it.

ThisIsWeird

The two alternative options are outlined above. (A third - "tough, take it or leave it...")

Do you know who manufactured the windows? If you are confident that they are of acceptable quality, and have been installed correctly, then the 'best' solution would be for the council to come out and check and certify it. It's then fully legit.

Or, you don't do that, but take out an indemnity policy instead - usually pretty cheap, I understand.

For the former - getting it BC approved - I think I'd first want to be pretty confident that they will pass, and also what information they will expect to see. Can you demonstrate they are manufactured to XYZ standards, BS and suchlike? The frames. The DG units. 

I think, if going the BC certification route, the usual process would likely involve more than one visit - I think they'd want to see the installation in progress, to be confident it has been carried out correctly. And they'd want to know the specs of the windows. So, try and get an idea - without telling them your address! - of what their requirements are. Email them - say you are planning to get windows, and are considering FENSA vs BC certification. For the latter, what would they require?

If you cannot be confident they'd be certified, then 'indemnity' sounds best.

theartfullodger

Sold 3.5 houses in last 5 years (one joint with sister after death of brother).  No Fensa for any, never an issue.

Another can from another self-appointed "regulator"

subjecttocontract

The indemnity policy will cover the legal side but be prepared for your buyer to use it to negotiate a lower price. I would certainly see it as an opportunity to offer a little less.

user1977

subjecttocontract said:

The indemnity policy will cover the legal side but be prepared for your buyer to use it to negotiate a lower price. I would certainly see it as an opportunity to offer a little less.

What would be the logic in that? I dont see how it affects the market value.

timehastoldme

We had a window changed out, not FENSA, hasn't affected anything.

Titus_Wadd

Fensa seems to just be a firm maintaining a data-base of window installations, they don't seem to be involved in assessing whether or not windows are well-made or well-fitted.  We had to have our Fensa reistration for our current house removed because they had over-written the original date with someone else's window installation; Fensa acted quickly to remove the wrong details (which obviously did not tally with our windows; but they were unable to reinstate the original entry for our house.

Fensa seems a bit of a racket to force fitters to join up (which pays for the data base upkeep) because it's created a perception that "No Fensa = No good"!  But I may have misread that if anyone can counter that perception.