No Building Regs. Mistake?
Discussion
I'm about to try to sell a house (yes, in this maket!) in which I fitted some new windows. I never bothered to get building regs signoff, nothing dodgy just never got round to it. It's an old house, not a new build.
Should I worry about this? Should I try to get them signed off retrospectively, or ignore it? Would the council screw me up the bum for not doing it before?
Cheers
Andy
Should I worry about this? Should I try to get them signed off retrospectively, or ignore it? Would the council screw me up the bum for not doing it before?
Cheers
Andy
They could in theory make you replace them if they do not conform to the regs in place at the time you fitted them. Unless there are mitigating circumstances.
For example - I did up a cottage and had to replace the staircase. I couldnt make the new one conform to current regs regarding tread and riser dimensions as there wasnt enough space - but what we put in was better (less steep) than what was there before - so we were allowed to put it in.
For example - I did up a cottage and had to replace the staircase. I couldnt make the new one conform to current regs regarding tread and riser dimensions as there wasnt enough space - but what we put in was better (less steep) than what was there before - so we were allowed to put it in.
Edited by Moonhawk on Monday 2nd February 12:08
Andy_Clap said:
I'm about to try to sell a house (yes, in this maket!) in which I fitted some new windows. I never bothered to get building regs signoff, nothing dodgy just never got round to it. It's an old house, not a new build.
Should I worry about this? Should I try to get them signed off retrospectively, or ignore it? Would the council screw me up the bum for not doing it before?
Cheers
Andy
You need a Fensa certificate.Should I worry about this? Should I try to get them signed off retrospectively, or ignore it? Would the council screw me up the bum for not doing it before?
Cheers
Andy
Edited by groucho on Monday 2nd February 12:43
If they were installed after April 2003 (IIRC), you need a FENSA certificate of compliance.
Before that date, nothing is needed.
We had a right ball-ache when we sold our last house as the windows were changed at the same time as the flat roof was replaced. The builder forgot to get the works signed off, so I had to get it re-inspected.
The Building Inspector turned up, checked the invoices for materials and had a look at the job, signed it off, but couldn't help with the windows.
The buyers solicitor drove me and my solicitor absolutely mental about the windows, which were to current spec (20mm gap, Pilkington low-e glass), but because the builder hadn't left the Fensa Certificate, I had to pay an indemnity at the last minute (15mins before exchange).
I was so annoyed because I'd asked the buyers solicitor to point out if anything else was required four weeks earlier, when the Building Inspector signed off the works, but no, wait until we're sat in the bloody office, why don't you?
The builder didn't realize a Fensa Certificate was required, and I must admit, I didn't either, as the work was OK'd before the requirement became mandatory, you then had 6 months to get the work done, which we did. But would the bleeding Solicitor have it?
Rant over.
Before that date, nothing is needed.
We had a right ball-ache when we sold our last house as the windows were changed at the same time as the flat roof was replaced. The builder forgot to get the works signed off, so I had to get it re-inspected.
The Building Inspector turned up, checked the invoices for materials and had a look at the job, signed it off, but couldn't help with the windows.
The buyers solicitor drove me and my solicitor absolutely mental about the windows, which were to current spec (20mm gap, Pilkington low-e glass), but because the builder hadn't left the Fensa Certificate, I had to pay an indemnity at the last minute (15mins before exchange).
I was so annoyed because I'd asked the buyers solicitor to point out if anything else was required four weeks earlier, when the Building Inspector signed off the works, but no, wait until we're sat in the bloody office, why don't you?
The builder didn't realize a Fensa Certificate was required, and I must admit, I didn't either, as the work was OK'd before the requirement became mandatory, you then had 6 months to get the work done, which we did. But would the bleeding Solicitor have it?
Rant over.
if it were me i'd just sell it as is, how would the council or anyone else know it was you who put those windows in?
my house was built in the 1860's and the street is a designated conservation area. i bought the house as a wreck and one of the first jobs was to put in double glazed sash windows. i have a fensa cert. but didn't bother informing the council. have since had the conservation officers at the house to discuss a grant for some work i need doing and they didn't care about the windows. they said it would have been nice if i'd replaced them with 'proper' units but didn't argue very strongly with me [i told them if they'd pay i'd gladly chagne them, if not then FO].
my house was built in the 1860's and the street is a designated conservation area. i bought the house as a wreck and one of the first jobs was to put in double glazed sash windows. i have a fensa cert. but didn't bother informing the council. have since had the conservation officers at the house to discuss a grant for some work i need doing and they didn't care about the windows. they said it would have been nice if i'd replaced them with 'proper' units but didn't argue very strongly with me [i told them if they'd pay i'd gladly chagne them, if not then FO].
Briefly if they were fitted pursuant to a contract entered into post 1st April 2002 you should have had them inspected by a BR officer and have a certificate for this or they should have been fitted by a FENSA registered installer which should have registered these with FENSA and this would show up on the results of the Local Search carried out by your buyer’s solicitors.
If you didn’t do any of this then your Solicitor will (should) be notified by the buyer’s that they will require a lack of BR indemnity policy. The cost of this is dependant on the price you are selling for but £300k would be £90.
It does get a little trickier though if your property is listed or is in a conservation area. If the latter I can tell you it cost neigh on £400 for a policy to cover a property selling for <£150k…
It is not the end of the World, you are not the first and certainly will not be the last.
ETA - Just read some of the replies.
Sorry guys, some of you are way out or on a wind-up. As for the chap who had the BR inspector say they couldn't help, i think he was pulling your chain/couldn't be arsed.
DON'T worry. it happens all the time.
FYI:- I'm a Property Solicitor.
If you didn’t do any of this then your Solicitor will (should) be notified by the buyer’s that they will require a lack of BR indemnity policy. The cost of this is dependant on the price you are selling for but £300k would be £90.
It does get a little trickier though if your property is listed or is in a conservation area. If the latter I can tell you it cost neigh on £400 for a policy to cover a property selling for <£150k…
It is not the end of the World, you are not the first and certainly will not be the last.
ETA - Just read some of the replies.
Sorry guys, some of you are way out or on a wind-up. As for the chap who had the BR inspector say they couldn't help, i think he was pulling your chain/couldn't be arsed.DON'T worry. it happens all the time.
FYI:- I'm a Property Solicitor.
Edited by rude-boy on Monday 2nd February 13:07
rude-boy said:
If you didn’t do any of this then your Solicitor will (should) be notified by the buyer’s that they will require a lack of BR indemnity policy. The cost of this is dependant on the price you are selling for but £300k would be £90.
This is what we did when we bought our last place, it was a sticking point for completion until we found out quite how cheap it was.RJE1966 said:
shirt said:
they didn't care about the windows. they said it would have been nice if i'd replaced them with 'proper' units but didn't argue very strongly with me [i told them if they'd pay i'd gladly chagne them, if not then FO].
Wait until you get an enforcement notice......Andy_Clap said:
Thanks for the replies, in particular Rude-Boy.
And if you think about the relationship between size of premium Vs the number of claims against these you'll have an idea how big (or not) they consider the risk to be.rude-boy said:
but £300k would be £90.
That's cheaper than getting them inspected, isn't it? Bargain!Andy_Clap said:
rude-boy said:
DON'T worry. it happens all the time.
Thanks, feel much better now 
Edited by rude-boy on Monday 2nd February 13:18
shirt said:
RJE1966 said:
shirt said:
they didn't care about the windows. they said it would have been nice if i'd replaced them with 'proper' units but didn't argue very strongly with me [i told them if they'd pay i'd gladly chagne them, if not then FO].
Wait until you get an enforcement notice......Sounds like a very different attitude to the conservation nutters in Brum, had a three year battle with them a while back. tossers.
Edited by RJE1966 on Monday 2nd February 13:31
FENSA is only if you have a FENSA regulated company fitting your windows, such as ourselves at Banbury Windows (may as well get the plug in 
) it is a self certification scheme.
Building regs- wise I would recommend a retrospective approval of your work as the HIPS packs etc could prove a sticking point without it.
As long as you havent reduced fire escape and ventilation (by removing openers / making casements narrower) they shouldnt have an issue with the windows. Costs slightly more than normal approval (check your local authourity website for cost)
Upto £2000 worth of work was around £117-50 last time I checked so expect it to cost £150ish.
) it is a self certification scheme.Building regs- wise I would recommend a retrospective approval of your work as the HIPS packs etc could prove a sticking point without it.
As long as you havent reduced fire escape and ventilation (by removing openers / making casements narrower) they shouldnt have an issue with the windows. Costs slightly more than normal approval (check your local authourity website for cost)
Upto £2000 worth of work was around £117-50 last time I checked so expect it to cost £150ish.
RJE1966 said:
Sounds like a very different attitude to the conservation nutters in Brum, had a three year battle with them a while back. tossers.
Conservation Officer did an entire street a few towns up from me a few years back for lack of Conservation Area Consent. There were a few tears before bedtime after that, especially when they also sent a letter to the one person who had got the correct papers!As someone who has no experience of this kind of thing (as will shortly become evident), I'm curious. Is replacing windows something that will show up on searches come sale time? If so, how does it get there?
If not, why bother with all this rigmarole unless you're mentioning them as a method of getting more for the property?
If not, why bother with all this rigmarole unless you're mentioning them as a method of getting more for the property?
Simpo Two said:
carmadgaz said:
FENSA is only if you have a FENSA regulated company fitting your windows
That's good news - my neighbour (small-time builder) supplied and fitted a window for me and he certainly wasn't FENSA. So I'm in the clear then?It's one or the other. FENSA reg. Installer = FENSA Cert.
DIY/Bloke from down the pub/Builder = BR Certificate required (with inspections, etc.)
rude-boy said:
RJE1966 said:
Sounds like a very different attitude to the conservation nutters in Brum, had a three year battle with them a while back. tossers.
Conservation Officer did an entire street a few towns up from me a few years back for lack of Conservation Area Consent. There were a few tears before bedtime after that, especially when they also sent a letter to the one person who had got the correct papers!A stressful time, and I realised that you do need to tell them everything BEFORE you do a jot of work, including (in our case) painting the front door (black).
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