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!

Get the seller to pay for an indemnity insurance policy OP. They are instant issue and will cover you for legal action against lack of building regulations if you sell.

I wouldn't bother with the indemnity , nobody will come out and check from the council. I wonder how many times any council have taken action for windows like this and someone successfully used the indemnity must be near zero. Solicitors and insurance companies must make a nice earner out of this.

I wouldn't bother with the indemnity , nobody will come out and check from the council. I wonder how many times any council have taken action for windows like this and someone successfully used the indemnity must be near zero. Solicitors and insurance companies must make a nice earner out of this.

Whilst it’s probably true that the council won’t come knocking, I’d listen to your solicitor on this.

We (solicitors) don’t make anything out of the policies. The insurance companies who sell them obviously do as it’s their business.

Do you charge for the time in organising them ?

Ask the seller to pay for the indemnity, don’t pay for it yourself.

You/They can get copies of any window certificates from the Fensa website - we had lost ours in the 12 years we lived in our old house so just ordered new ones, which arrived by email 30mins after requesting them.

My employers do- they’re a conveyancing factory set up who charge additional fees for all sorts. It it actually extra work that the majority of files don’t require.

The traditional high street solicitors I’ve worked for never charged extra.

You/They can get copies of any window certificates from the Fensa website - we had lost ours in the 12 years we lived in our old house so just ordered new ones, which arrived by email 30mins after requesting them. Would this apply if they are new windows though? Would Fensa be applicable here?

*it also depends on which estate agent we got the work through. Not all files will be charged for the extra work.

@Bloodyhamabeads

You/They can get copies of any window certificates from the Fensa website - we had lost ours in the 12 years we lived in our old house so just ordered new ones, which arrived by email 30mins after requesting them. Would this apply if they are new windows though? Would Fensa be applicable here?

Some of our windows were only a year old but we had a flood and lost a lot of paperwork - they had copies of all work for our address. All new installed windows should have a Fensa certificate.

this search will tell you whether windows are registered or not.

GherkinsOnToast
All new installed windows should have a Fensa certificate.

Or a CERTASS certificate (Fensa isn't the only certification scheme).

We had new (wooden) windows replaced by a builder who was doing other work for us at the same time. He wasn't Fensa registered so said we had to pay £130 for building control inspector from the Local Authority to come out and certify them instead. Quite frankly it was a complete waste of time. He wandered through a couple of rooms, opened one window, didn't even touch the others, then left after all of 5 mins. We got a certificate though! Probably not worth anything but would be enough if we were to sell the house.

The house I bought had new windows put in before I bought it. I have no idea if they are certified, didn't even occur to check that I was just glad the house has hot brand new windows that I didn't have to pay for 😂

@MinnieMountain

Get the seller to pay for an indemnity insurance policy OP. They are instant issue and will cover you for legal action against lack of building regulations if you sell.

Chances of any legal action: somewhere around zero.