Indemnity policy

Geo1122

Selling a SO flat that is approx 15years old.
I purchased it when it was about 3 years old. 

When I purchased the property the seller told me that window(s) were replaced by the developer as were scratched. 

I don’t know what window(s) this was.

My solicitor didn’t query this at the time, and now I’m coming to sell I am being asked about Fensa certificate. 

I don’t have one, and I understand new builds don’t have them but is there a grey area as the developer replaced the original window. - I dont know if this was done before sign off?
The buyer wants an indemnity policy in regard to lack of building regulation. 

Is this just a box ticking exercise, and who should pay for this? (I’m not querying amount just who is next to purchase it - buyer or seller) 

eddddy

Geo1122 said:

When I purchased the property the seller told me that window(s) were replaced by the developer as were scratched. 

Do you mean the windows were replaced - or do you mean the glass in the windows was replaced?

No certification is required for replacing the glass.

Geo1122 said:

My solicitor didn’t query this at the time, and now I’m coming to sell I am being asked about Fensa certificate. 

When you bought, did your solicitor know that the windows had been replaced?

I guess you said on the Property Information Form that the windows had been replaced, which is how your buyer's solicitor knows.

Geo1122 said:

Is this just a box ticking exercise, and who should pay for this? (I’m not querying amount just who is next to purchase it - buyer or seller) 

In simple terms. indemnity insurance is usually just a quick, cheap way of making a problem go away.

It often takes longer (and might end up more expensive) to investigate the problem and get it resolved in another way.

There's no definitive rule about who pays for indemnity insurance. It's is down to negotiation.

FreeBear

A window that was replaced 15+ years ago is well outside any time frame for enforcement. Quite likely that it was just the glass that was replaced, in which case no FENSA certificate was required. Even if the frame had been replaced as a snagging issue, Building Control may have accepted it without issuing any additional paperwork.

user1977

Yes, unless something was fitted which didn't match the originally approved windows, then I don't see why a further consent would be needed.

Geo1122

Thanks for all your comments, 
All the information I had from my seller was 
‘original windows were scratched thus replaced in 08-09 by builder (name of builder - large developer) 

my solicitor didn’t raise any concerns with this when I purchased the property and have never had any issues 

I’m fine with paying for this indemnity as long as there’s no liability issues once the property is sold (I’m not familiar with indemnity insurance at all so apologies if being naive) 

user1977

There aren't going to be liability issues for you, no matter whether or not there's an indemnity policy or who pays for it. And of course in reality the building control hit squad are not going to come round 12+ years after the event and demand somebody does something about the windows.

Geo1122

Thanks for the advice - reassuring to know this seems pretty straightforward to resolve 🤞🏻