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No certs for boiler installed 2012 and selling

40 replies

SellingPains · 18/05/2018 20:39

Ffs it's one thing after another with this sale.

But we never received a gas safe or building reg certificate when our boiler was installed, need to let our solicitor know on Monday, but on a scale of 1 to 10, how big of a disaster is this?

Did get the warranty cert which I thought was all I needed stupid Hmm

OP posts:
Chickencellar · 21/05/2018 07:33

Why doesn't the legal industry push to have issues like this conform rather than indemnify ? I guess firms make money from each policy.

johnd2 · 21/05/2018 09:07

Making things conform would delay the sale, the solicitory let the buyer know the options and ask what they want to do. The solicitor also acts for the mortgage company.
The mortgage company is only concerned about things that affect the valuation. They are not directly concerned with your comfort or safety.
So it's your job as a buyer to insist on safety if you need, not the solicitor or mortgage company.

PeppermintPasty · 21/05/2018 10:16

@chickencellar, no money made here.

If an unprecedented amount of time has been taken up with policy issues, then I might make an extra charge for my time, but there's no creaming it going on here, or in any other law firm I would suspect.

Chickencellar · 21/05/2018 14:13

Can sellers or buyers refuse to buy an indemnity? Would the solicitors be ok with that?. I've had it before when moving , there was a loft conversion , solicitor talked of an indemnity but we said rather have a regulisation. This was done while all the other paperwork was ongoing , not sure if it slowed things down.

PeppermintPasty · 21/05/2018 20:01

@Chickencellar of course! The client is in charge, not me. It's my job to give them the pros and cons. Pros are generally that the indemnity makes the problem, whatever it is, go away. Cons are the cost, -although building regs policies are relatively cheap, others can be several hundreds of pounds.

These points are important if you're the seller of course, as generally seller pays. Not always of course. Sometimes a seller will refuse, then the buyer has the choice of whether to buy it or not. Not much of a choice if they have a mortgage as generally the policy will be required.

Then yes, there's the case where a regularisation certificate would be more sensible. Depends on the circumstances of the transaction.

Chickencellar · 22/05/2018 07:50

pepper
Thanks , been interesting hearing from a solicitor on this.

johnd2 · 25/05/2018 14:22

"Pros are generally that the indemnity makes the problem, whatever it is, go away. "
If the problem is that the house doesn't comply with building regulations then i don't see how an indemnity would make it comply.
If there's insulation missing, drains going up hill, boilers with incorrect flues etc, you would still have bill heating problems or blocking drains regularly.
An indemnity is only making the devaluation problem from no paperwork go away, not any actual problem that the paperwork is designed to solve.
As a solicitor if you advise that an indemnity would solve that, you'd be open to problems by advising incorrectly.

robynadair · 25/05/2018 17:14

Hi, we are in the process of selling and didn't have this either, but if you go onto www.gassaferegister.co.uk/notifications/landing-page/ you can may be able to order a replacement one as long as the installer registered it. You can enter your address into the database for notified appliances at the entered postcode and house number/name by doing a match on line 1 and 2 of the address. It cost either £10 0r £6, can't remember which as we had one to get re wiring from another org and the total cost was £16. Apologies if someone has already said this earlier on the thread

PeppermintPasty · 25/05/2018 22:26

I wasn't referring to the issue, whatever it might be, with the house, I was referring to the difficulty with buying or selling. These indemnities are accepted routinely by solicitors as sufficient, so as to allow the wheels of the transaction to turn towards completion. -In other words, they 'make the problem go away' in terms of getting the job done. I didn't say they would 'make it comply'.

But you have a point-that could read as if I meant the policies solve the particular issue, they do not. I should have been clearer, although in the context of that part of the discussion, I thought it was clear that I do not think a policy is a magic bullet in the way you mean.

Japanesejazz · 26/05/2018 20:20

I tell my trainees, every time they offer an indemnity it counts as a massive fail.

SellingPains · 26/05/2018 20:41

Well we haven't heard from our buyers solicitors so I'm not sure what's happening, will follow up on Tuesday.

Robyn I checked gas and safety website and it's not listed otherwise I'd pay for a new one.

Boiler was replaced in same spot as original boiler.

Japanese what does your comment mean? That an indemnity policy shouldn't be accepted or offered? And if not accepted what's the alternative?

OP posts:
Japanesejazz · 26/05/2018 20:47

I refuse to offer them. Except in unusual cases. Lots of reasons why. I would rather the seller paid for a safety check. What use is a piece of paper if the boiler blows up?

PeppermintPasty · 26/05/2018 21:04

? But we're talking about lack of building regulations sign off/paperwork, not the boiler breaking down etc. A client can get a boiler checked over of course, but a boiler can have had a thorough safety check but still be without a building reg certificate, which a policy can solve, as far as getting to completion is concerned.

I agree that indemnities are generally unsatisfactory though.

Japanesejazz · 26/05/2018 21:59

Zzzzzzz

PeppermintPasty · 26/05/2018 22:36

Haha, well aren't you a charmer!

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