Seller has lied on property info form...? Windows

[catatemymind]

Hello,

Am due to complete on a house next week. Documents have only just come through from the solicitor. On the property information form, the seller has ticked no to the question asking if any windows etc had been put in before 2002, which would mean they did not need a FENSA certificate or equivalent. There is no FENSA as I have looked this up myself.

However, all the windows in the back of the house are new! With stickers on giving a date in 2019!

Not sure how to proceed, I really am desperate for this to work out!

You or they can buy indemnity insurance for about £100 I think. Your conveyancer will know. We did this once to stop our sale falling through.

What else have they lied about though? That didn't have a big 2019 sticker on it that you noticed?

Season it says 'Installation of replacement windows, roof windows, roof lights, glazed doors since 1 April 2002'

Peter hopefully nothing! It's a tiny house, the electrics/gas etc are all in working order and certified.

Gunpowder thank you. I will look into this!

Oh god I have no certificates for my windows - I don’t think people really cared about this stuff.

Do people really pull out of sales because someone didn’t keep paperwork for a few windows.

Can I ask if you are a first time buyer? My dad sells a lot of houses and hates deadline with first time buyers - he says they get uptight about tiny, tiny things. I remember solicitors letters about bins and pictures (yes, one first time buyer got upset when he saw furniture and pictures being removed - he assumed they were included😞. His letter said he expected nothing to be removed - even downed the frames and the pictures Inside the frames). My dad left him an ikea catalogue 😳

Ideas yes I'm a first time buyer! I really don't want to pull out of the sale, I just don't want to be inheriting difficulties down the line - however if this is a tiny thing then I don't care, I just don't have the experience to tell!

Ask for an indemnity. Easiest way forward. Certainly not worth pulling out.

This really isn't a big deal, actually I see it as a positive that you have new windows. Ask your solicitor to send an enquiry about them, they'll possibly request an indemnity insurance (which are v common).

In our previous house the windows were fitted by a friend, he could have applied for the fensa certificates for them but it would have cost more than the indemnity insurance for not having the certificates so we didn't bother. It sold without any issue, our buyers weren't concerned.

They probably installed them themselves, tell your solicitor and they’ll tell them they need to get the council out to certify them. We had to do this for one window we installed, nearly £200 for the council to come out, look at it and say “yep, that’s a window” and send us the certificate. It’s a fantastic money making scheme!

I honestly really appreciate everyone's input, thank you. I feel suitably reassured that it's not a biggie and will look into indemnity, it seems that this is fine in lieu of a FENSA certificate.

TheRebelle oh dear, yes it seems that that's what most of this stuff is! I'm not planning on selling anytime soon so I could invest in one of those reports if needs be whenever I am thinking of selling.

If you’re worried about quality in lieu of certificates/paperwork then get your surveyor to check it out. If it’s legal repercussions you’re worried about, extremely unlikely building control could take action if over a year old and I would ask solicitor to ask sellers solicitors due an indemnity insurance policy. They are cheap and you uh can pass to a new buyer if you sell. Point to note- the policy isn’t an insurance on the workmanship of the actual windows, ie if they break, it us simply to insure against the unlikely event that the local authority took action against you for lack of FENSA certificate/building regs approval

It's not a huge problem and there's a couple of options. 1. Would be indemnity insurance or 2. They could apply for a "retrospective building regulation compliance certificate" and provide that to the solicitor. I'd just ask your solicitor to clarify things with them and go from there.

We put window in in 2019 and no paperwork. Didn’t even know this was a thing!

Make sure you understand what is covered by the indemnity.

If the windows are faulty, will it pay to have them replaced ? I’m guessing not. So what is it indemnifying you against ? Probably just legal costs.

It’s your solicitors job to explain this to you. Don’t be embarrassed about asking her.

We sold without the certificates. We paid for excellent windows but the firm had gone busy when we came to ask for certificates.

Anyway, we took out liability insurance and it cost £15 or some other minimal amount. We hadn't realised at the time that we should have asked for the certificates. The windows were circa £1-2k each

Not all window companies are capable (allowed) to issue Fensa certificates. We used one that wasn't because we didn't know such things existed, the reputation of the company was good and the quote was cheap. When we came to sell the house we needed to pay a small amount (£100?) to indemnify them. We thought it was amusing as the windows the potential vendors should have been worried about be were the original 1930s windows on the front of the house. Single glazed and wooden!

I am sure if you replace only the sealed units you don’t get a new certificate. I have done the sealed units in our old house. And all the windows with frames in this one. I don’t think anyone care about fensa. If it’s replaced in 2019, does it looked like it has leaked? How about what the surveyor says?

I did get FENSA certs for frames but not for the sealed units! That’s what I mean.

That isn’t something I’d be remotely worried about.

Our windows are as hold as the hills and it didn’t put us off, they function.

Yes perhaps the panes were replaced and then you wouldnt have certificates. This is sometimes done if they are blown. It is possible that with pre 2002 windows the panes may have blown and been replaced. I think they say seals can go after around 10 years.

The window frames all have stickers on them saying 'Remove protective foil immediately' so I assume it's the whole thing?

Windows seem to be in good condition, no evidence of leaks and we've had a few storms/heavy rain. I'm not concerned that they're faulty, the main concern was difficulties when it comes to selling.