Planning issues indemnity (windows and log burner)

ryanm8655

Hi all,

Getting close to the end of a purchase as a FTB.

Two issues have been flagged through enquiries:

1) Several windows have been replaced without building regulation sign off or FENSA.
2) The vendors installed a log burner themselves about several years ago and this also doesn't have building regulation sign-off.

Their solicitors have offered an indemnity policy that would pay for any correction/loss in value to the home, should there be enforcement action.

I assume issues such as the above are fairly standard...

I'm not massively concerned about the windows as they've been in place for several years without issue and I have seen windows fitted by FENSA installers and they have been absolutely shocking bodge jobs, so I'm not convinced it would offer much security anyway.

The log burner is a bit of a concern as if they have installed it themselves how do I know it's safe? To be honest, I wouldn't use it anyway as it's in a bedroom, so is purely decorative.

I guess the other risk is that when I eventually sell these issues will likely come up again but are these things that would put you off?

Is there anything I'm overlooking here?

Thanks,
Ryan

user1977

You'd probably want the log burner checked yourself anyway, rather than rely on somebody from building control (probably) having looked at it x years ago.

ryanm8655

user1977 said:

You'd probably want the log burner checked yourself anyway, rather than rely on somebody from building control (probably) having looked at it x years ago.

Yeah, I won't use it in any case as it's in the master bedroom (used to be the living room before the property was extended so presumably it was installed back then).

The other issue is the indemnity policy seemingly excludes me flagging issues to building control, so if I was to retrospectively apply for approval and they said no, then I wouldn't be compensated for it's removal.

WIAWSNB

Hi Ryan.

My thoughts are similar. The windows have been there for a while, and either work smoothly, or don't. Are either neatly installed, or aren't. Either open without catching, and closely evenly all around, or don't (if you have any 'noise' outside, traffic, birdsong, etc, then a wee gap in the seal will be very obvious).

So, if the windows look ok, then chances are they are.

The log burner. That's in a bedroom?! What the heck! Yes, accept the policy for this, and if you ever consider using that fire, then get a HETAS out to inspect. If they condemn it, or call for mods, then employ your policy. But, do check what it actually says - you will theoretically want the fire to be restored to an operating condition, and this might involve a flue liner, for example - not cheap. You don't want the option of, "No, it doesn't conform, so the policy will cover its removal..."

But that's up to you.

Bottom line, neither of these are particularly concerning issues. But you do want the policies 

stuart45

The policy can only be used if the council serve an enforcement notice, not if a HETAS fitter condemns it. 

theartfullodger

I would not trust any log burner installed by owners (or gas, coal, oil etc ..) apart from pollution generated by any log burner,  Have them take it out, IMHO.

silvercar

theartfullodger said:

I would not trust any log burner installed by owners (or gas, coal, oil etc ..) apart from pollution generated by any log burner,  Have them take it out, IMHO.

I agree, I’d go further - I wouldn’t want a log burner installed in a bedroom.

WIAWSNB

If it's a decent log burner, it'll be worth upwards of £100, possibly a lot more. Just sell it :-)
So, if you never intend to use it, then no need for indemnity. Just make it clear, whenever you sell on, of the situation.
If you don't even want it there, sell it, and go out for a nice meal, in a nice country pub, which has a roaring log burner.

Bigphil1474

We have a wood burner in the, more traditional, living room of our house - when we bought it, the vendors provided the installation certification but I don't recall there being any BC sign off. Installed 10 years ago, and they were pretty thorough in all their record keeping. We did have it checked out and cleaned before using it though. Can't imagine ever using one in the bedroom. I'd just take the indemnities and proceed. They won't cost much, and even better if the vendor pays.

stuart45

You don't need Building Control to sign a stove off if installed by a HETAS fitter.

ryanm8655

Thanks for the replies all.

Sounds as though the windows are a non-issue as I expected.

the log burner wasn’t installed by a HETAS fitter, they fitted it themselves. I heard you generally do have to tell building control but that they generally just accept the HETAS certificate.

As it’s in the bedroom I won’t be using it anyway. I don’t want to ask them to remove it as I don’t want to hold up the sale and cause friction with the vendors. It looks nice at least and I wouldn’t want a mess to be left behind. 

I still plan to proceed but thought I’d get additional opinions first. 

How hard would it be to remove and what is the likely cost? Presumably you could just detach the burner from the flue or would you need to remove that and seal the chimney too? 

It’s not likely to impact the mortgage offer either is it? I have asked the solicitor but am awaiting a response.

Thanks,
Ryan