windows have no FENSA certificate - Building control fines?

[NeedAdvicePlzz]

Hi all
I had an offer accepted on a house and the vendor confirmed (via the EA) that the windows were installed in 2018 and FENSA certified. I looked up the property's FENSA certificates on the site today but It doesn't show the property has any FENSA certificates.

The site also says if the installation of windows and doors aren't registered with FENA within 2 years, then the certificate is no longer valid (I'm assuming a paper certificate?). Apparently, this means that they are deemed unsafe unless checked by the council's Building Control inspect them and issue a certificate themselves (at the home owner's expense).

Since it was several years ago now, can Building Control still inspect the installation of is it too late. If it's too late, will they impose a fine and force the windows to be removed?

Just to share: I will not get indemnity insurance for this. I don't want to inherit building safety and regulation problems from the previous owner.

I have created this thread to see if anyone has any experience of this. Thank you

We had this when we bought our first house, but didn’t even have a date when the windows were installed. It wasn’t a problem to get Building Control out to certify them once we’d moved in, and the charge was around £100 I think, though this was ten years ago.

Indemnity insurance is usually a one off payment of about twenty quid, it's really not a big deal. This happens all the time.

@EllieQ thanks for sharing. I personally do not want to sort this as the new homeowner as I have no idea how Building Control will check it -they may even deem it unsafe. I feel worried about this.

May I ask how long it too for building control to come out to check the installation though? And did you get indemnity insurance? It all feels quite risky and I'm feeling a bit down now :(

@BurbageBrook thanks for this. it;s not the cost of the insurance, but more about the windows being unsafe. it makes me feel like the house is unsafe and I'm inheriting someone else's problems

The owner needs to pay for this, not you.

Have you checked they didn't get a Building Regulation Compliance Certificate instead at the time? Because if so it's easy to get a replacement.

I had a similar scenario and panicked when I couldn't find it on FENSA but it turned out there was a BRC certificate instead and it was all fine.

If you’re not happy with indemnity insurance simply tell the owners via your solicitor that they will have to sort it via fensa or building control otherwise you won’t continue with the purchase.

@atticstage thanks for responding. yes, I checked with Building Control at the local council. They have no certificate for the property and confirmed no FENA notifications either i.e. they did not provide Building Regulation Compliance Certificate instead

@Autumn1990 thank you. yes, this is what we plan. I just feel like the vendor may do nothing and this is another house that would have fallen through. I'm just feeling down.

Also, I found this out myself before involving my solicitor (I have not instructed searches yet). this is quite early on in the process.

@bleughgreen thank you but i will not be accepting indemnity insurance. I have consulted my friends who are underwriters and they have been transparent in saying that indemnity insurance does not guarantee a pay out for any legal issues that emerge, and there are quite a few conditions that have to be met too. thanks for your comment though. I feel utterly exhausted from house hunting.

It doesn’t mean the windows are unsafe. In what way would they be unsafe anyway

Was it part of a larger schedule of works under building control, if so there will not be a fensa certificate but will have a building control one. If it is just the windows ask the seller to rectify or get indemnity insurance - I had to because my window installer went bust any 6 weeks after installation so hadn't filed the fensa certificate

@user73 i know it could be technically safe, but officially it's not unless it's FENSA or building control certified. that's the law, fortunately, or unfortunately.

@mitogoshi thanks for your comment. no, it was not part of any major work. it was a just the window installations alone. I had asked the vendor about FENSA certificates before making an offer, they said they had them. i am actually really annoyed and upset now. i just didn;t know until today that there is a website to check.

it sucks that your installer went bust.

I would only be happy if Building Control signed them off, but I anticipate the vendor will not want to do that. I don't know why. Personally, I would, but I just get a "can't be bothered vibe" from a lot of sellers today :( (sorry to generalise, I'm just in a poor mood now)

It's unlikely there is anything wrong, more likely that the registration got missed. I'd just ask the vendors to get building control to sign off on them.

@Pfpppl I will ask for sure. I just feel like everything is going wrong in this house hunting. i just feel exhausted and think it's affecting my mental health now.

if the vendor agrees to building control inspection, does anyone know how long this could take?

What you’ve said above is incorrect.

FENSA aren’t the only body who certify windows.

Have you looked on the CERTASS register?

@Gribbit987 hmmm, I thought CERTASS was for tradespeople - they issue certificates to them, not the vendors/homeowners?

I can't find the part on their site where i can check if the property is registered with certificates like FENSA does. if you have the link to that part, do you mind sharing? thank you

Here

https://www.certass.co.uk/not-received-your-certificate/

You do sound like you are massively catastrophising tbh.

thank you.
I'll inform the vendor, but they did say it's fensa. Who knows. Maybe some miracle will happen. I think I've run out of luck with this anyway.

I've been looking for a property for 7 months and a couple have fallen through with money lost.