No solar panel or FENSA certificates.. what are my options?

AJD222

Currently in process of purchasing a property (FTB). We’re currently almost 4 months in even though there’s no chain because the seller’s solicitors are dreadful (Premier Property Lawyers!!). We received responses to our enquiries this past week stating that the seller holds no certificates for anything in the property. Log burner, oil tank, boiler, windows, solar panels… also has no documentation that proves we have right of way down the private road the house is on. Safe to say I had a very panicked weekend of googling solutions.

the issue is that the seller is an elderly lady who’s late husband dealt with the property, so while she’s said she doesn’t have these documents, I think realistically she just doesn’t know where to find them. She has since said she’s found the warranty for the oil tank, and I have found the HETAS certificate for the log burner online so obviously some of the work to the property has been done properly.

regarding the FENSA certificates for the windows - I believe these were replaced in 2002. If FENSA was only introduced in 2002, is it a big deal that we won’t hold certificates for their installation? Is indemnity insurance necessary?

and regarding the solar panels - do we tell her to try and reorder the certificate? Get indemnity insurance? Or can certificates be re issued if you have someone inspect the solar panel installation again? 

Awaiting a response from our solicitor so figured I’d post this in the meantime for (hopefully) some reassurance from others that have been in a similar situation. 

ChirpyChicken

Dont worry about certificates unless your mortgage lender needs them, they really mean very little especially the window ones, they may need replacing in due course anyway
We had same issue regarding the private road our house is on, told the solicitors we didnt care as has never been an issue previously and told them just to exchange and complete and crack on
Yes they are awful solicitors, probably recommended by the agents because of the commission they got!

Keep_pedalling

The main concern is the solar panels, if the existing owner owns them they should be receiving FIT payments, but a lot of these were provided ‘free’ under a rent a roof scheme, and the home owner merit owns the panels or gets the FIT payments. 

If the latter this could be a show stopper. 

FreeBear

AJD222 said: regarding the FENSA certificates for the windows - I believe these were replaced in 2002. If FENSA was only introduced in 2002, is it a big deal that we won’t hold certificates for their installation? Is indemnity insurance necessary?

If the windows predate FENSA, then there won't be any certificates - Not sure the exact date replacement windows required Building Control approval (which FENSA would provide). But regardless of date, it is well out of time for the council to serve an enforcement notice. On that basis, indemnity insurance would be a waste of money and pointless.

I'd be more concerned about right of access - Hopefully, the deeds would contain a paragraph outlining those rights.

theartfullodger

I've sold 3.5 houses in recent years.  Had no FENSA for any.  Purchasers understood, were able to inspect and make their minds up about condition, all sold promptly and sensibly. 

There are no real guarantees in buying and selling.  \People/companies will wriggle out....

Slinky

You definitely need to establish if the vendor owns the solar panels, or if they are rented.

eddddy

Slinky said:

You definitely need to establish if the vendor owns the solar panels, or if they are rented.

Just to make sure that the OP isn't confused - the issue isn't with solar panels that are rented. (I'm not sure that solar panel rental exists.)


In simple terms, the issue is with a property owner renting (or leasing) out their roof to a tenant. That's why these schemes are sometimes called 'rent a roof'. The lease might last 25 years.

In this case, the tenant is a solar panel company, and the tenant puts their own solar panels on the roof.


And mortgage lenders are nervous about lending on houses were the roof has been rented (or leased) out to a tenant.


Edit to add...

These type of 25 year leases should be registered with Land Registry - so you could look there as a starting point.

(But this isn't 100% conclusive, as it seems that not all leases got registered.)

ChirpyChicken

The conveyancer will know by looking at the deeds as there will be a separate title number for the roof space.

gm0

Step away from the understandable FTB panic response to use solicitors for stuff where it is not relevant other than to generate correspondence and fees

You take a view on the condition of the windows - seals/gaps, blown units or not.  In life.  Or due replacement.  Any exterior paint/rot if timber.  All things you can see.  And which have *nothing* to do with papertrail.  On 22 year old windows - irrelevant.  If they were a well fitted quality product and install you may well get a decent run out of them yet. And if they are rotten frames and have blown units with condensation inside. Then you likely won't.  And you build "new windows" into your budget and your valuation of the "refurb project house".  You do NOT ask the widow to "replace them before sale".  Or go around the houses with lawyers delaying your transaction looking for long expired paperwork of no value.

On an oil tank - your issues are very site dependent.  Oil tanks don't explode when the warranty expires.  So knowing how old it is roughly is good. And they do have a life. UV/plastic degradation.  Metal/corrosion.  The issue with oil tank regs is that they change. Valid then is not valid now.  Yet your plot and land constraints are what they are.  A "legal" now - install may not be where it is or the same size tank.  Where it has to go (now) may not suit you for other reasons (use of garden, ease of filling, visual appearance / parking/drive adjacency etc.   For example.  If a bunded (double wall) tank is fitted where a single wall tank was prior - it is "bigger" footprint for the same capacity.  Tanks being close to drives/vehicle movements is also an issue to watch for.  As the rules on that have changed in terms of distance and fencing off requirements.  Again this has NOTHING to do with the historic paperwork.  And everything to do with what you can see. And what it could mean for you at next cyclical replacement.  IF the rules now are still current.

Solar covered above.  Was the roof leased out or the install paid for directly.  Who owns what.  The only version that matters is the long lease on the roof.  That is a legal query to satisfy.