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UK diy (uk.d-i-y) For the discussion of all topics related to diy (do-it-yourself) in the UK. All levels of experience and proficency are welcome to join in to ask questions or offer solutions. |
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Selling house no fensa cert for windows
3 years ago we bought a derelict terraced house as a money making
venture, and renovated it. Now it is all completed, and we have a sale going through. (The likely profit is about the same as I would've made if I'd had a second job working evenings and weekends on a building site for 3 years (which is pretty much the truth!). It's a decent profit and was fun to do, but hasn't made us millionaires) The problem:- We have a sale going through. The buyer's solicitor has asked for a FENSA certificate for the double glazing. I'd not heared of one before today, so don't I have one. I gather that being a diy-er I should have applied for building regs approval before commencing the work which would have had the same standing as a Fensa cert. But how can I resolve the problem now? Perhaps I can get building regs approval now, although that'd really delay the sale? Or I can knock money off the sale price and let the buyers sort it out if they are agreeable? There is an easy solution??? It's Saturday AM. I wish I'd got this darned letter on a weekday so I could've asked my solicitor what the options are! Thanks Tony |
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wrote in message ups.com... 3 years ago we bought a derelict terraced house as a money making venture, and renovated it. Now it is all completed, and we have a sale going through. (The likely profit is about the same as I would've made if I'd had a second job working evenings and weekends on a building site for 3 years (which is pretty much the truth!). It's a decent profit and was fun to do, but hasn't made us millionaires) The problem:- We have a sale going through. The buyer's solicitor has asked for a FENSA certificate for the double glazing. I'd not heared of one before today, so don't I have one. I gather that being a diy-er I should have applied for building regs approval before commencing the work which would have had the same standing as a Fensa cert. But how can I resolve the problem now? Perhaps I can get building regs approval now, although that'd really delay the sale? Or I can knock money off the sale price and let the buyers sort it out if they are agreeable? There is an easy solution??? It's Saturday AM. I wish I'd got this darned letter on a weekday so I could've asked my solicitor what the options are! Thanks Tony ================== You can apply to your Local Authority for a 'Regularisation Certificate'. Apparently this can be obtained for any completed works after 1985. The 'Fensa' certificate is not applicable in your case because it only applies when windows are supplied and fitted by a Fensa registered company. A Fensa registered company is supposed to carry out work to full compliance with all regulations and to notify the LA when the work is finished. My single experience with a Fensa company suggests that they might not live up to expectations. I was obliged to tell the company which fitted my windows to remove certain windows and re-install new windows which complied with Regulations. Your best bet is to read the document(s) suggested by another poster and when you've made sure that your windows comply fully, apply for the 'Regularisation'. Alternatively you could tell the prospective purchaser that the windows were fitted as DIY and that they're open to any inspection. Offer to remedy any defects. Cic. |
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Does anyone else know that they were installed within the past 3 years ? Can
you not say that they have been installed for say the past 15 years ? wrote in message ups.com... 3 years ago we bought a derelict terraced house as a money making venture, and renovated it. Now it is all completed, and we have a sale going through. (The likely profit is about the same as I would've made if I'd had a second job working evenings and weekends on a building site for 3 years (which is pretty much the truth!). It's a decent profit and was fun to do, but hasn't made us millionaires) The problem:- We have a sale going through. The buyer's solicitor has asked for a FENSA certificate for the double glazing. I'd not heared of one before today, so don't I have one. I gather that being a diy-er I should have applied for building regs approval before commencing the work which would have had the same standing as a Fensa cert. But how can I resolve the problem now? Perhaps I can get building regs approval now, although that'd really delay the sale? Or I can knock money off the sale price and let the buyers sort it out if they are agreeable? There is an easy solution??? It's Saturday AM. I wish I'd got this darned letter on a weekday so I could've asked my solicitor what the options are! Thanks Tony |
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IAN wrote:
Does anyone else know that they were installed within the past 3 years ? Can you not say that they have been installed for say the past 15 years ? A dangerous game - it's known as fraud. Is he going to risk some neighbour telling the purchaser later on - 'ooh yes, I remember when he did those windows, it was the same time our Frank had his piles done, back in 2002' Alternatively, these days most windows - certainly uPVC ones - are stamped with the manufacturing date which would be a bit of a giveaway if push came to shove. There are big penalties for sellers who provide misleading info (lie) to purchasers. David |
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I couldn't lie about the date even if I was a good liar, and wanted
to, since I purchased the house after June 02 and did all the renovations after that, and it would soon become obvious to the purchaser, particularly once they met the neighbours. If a fire escape window is required to every room, then there's a problem. There is a good fire escape window in the first floor rear bedroom, so if it is just per floor, I'm ok. I did take advice from the window manufacturer regarding where K glass and toughened glass must be used. I'll have a second go at navigating the Building regs site in a moment - not the easiest site I've seen... I'll phone the Building surveyors on Monday, discuss Regularisation certificate, and work through it with him. Thanks I feel a bit calmer! Tony |
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wrote in message ups.com... I couldn't lie about the date even if I was a good liar, and wanted to, since I purchased the house after June 02 and did all the renovations after that, and it would soon become obvious to the purchaser, particularly once they met the neighbours. If a fire escape window is required to every room, then there's a problem. There is a good fire escape window in the first floor rear bedroom, so if it is just per floor, I'm ok. I did take advice from the window manufacturer regarding where K glass and toughened glass must be used. I'll have a second go at navigating the Building regs site in a moment - not the easiest site I've seen... I'll phone the Building surveyors on Monday, discuss Regularisation certificate, and work through it with him. Thanks I feel a bit calmer! Tony ================= This is a digest of basic regulations concerning ventilation which you could use for preliminary checking. It's derived from the official document as I understand it. I used it to persuade my supplier / fitter to act reasonably! 1. Ventilation must be at least 5% (1/20th) of the floor area in which the window is located. This must normally be achieved by means of openable lights. There are possible alternatives to openers such as a 'stack' but this alternative is rarely suitable. 2. It is recommended that at least one such opener should be at high level to prevent draughts causing discomfort. Suggested level is 1.75 metres / 6 feet. 3. There should be provision for some kind of 'trickle' ventilation and this can be achieved by the use of latches which can safely lock an opener in a partly open position. 4. In an upper / first floor room there must be provision for escape through an openable window in the event of fire. The width of the opener must be at least 450mm / 18". This usually means an opener at cill level rather than a top opener. 5. When replacement windows are fitted they must be at least equal in terms of ventilation to the original windows which they are replacing - i.e. there must be no worsening of the ventilation. Cic. |
#9
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wrote in message ups.com... I couldn't lie about the date even if I was a good liar, and wanted to, since I purchased the house after June 02 and did all the renovations after that, and it would soon become obvious to the purchaser, particularly once they met the neighbours. If a fire escape window is required to every room, then there's a problem. There is a good fire escape window in the first floor rear bedroom, so if it is just per floor, I'm ok. I did take advice from the window manufacturer regarding where K glass and toughened glass must be used. I'll have a second go at navigating the Building regs site in a moment - not the easiest site I've seen... I'll phone the Building surveyors on Monday, discuss Regularisation certificate, and work through it with him. Thanks I feel a bit calmer! Tony |
#11
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Cicero wrote:
This is a digest of basic regulations concerning ventilation which you could use for preliminary checking. It's derived from the official document as I understand it. I used it to persuade my supplier / fitter to act reasonably! 1. Ventilation must be at least 5% (1/20th) of the floor area in which the window is located. This must normally be achieved by means of openable lights. There are possible alternatives to openers such as a 'stack' but this alternative is rarely suitable. 2. It is recommended that at least one such opener should be at high level to prevent draughts causing discomfort. Suggested level is 1.75 metres / 6 feet. 3. There should be provision for some kind of 'trickle' ventilation and this can be achieved by the use of latches which can safely lock an opener in a partly open position. 4. In an upper / first floor room there must be provision for escape through an openable window in the event of fire. The width of the opener must be at least 450mm / 18". This usually means an opener at cill level rather than a top opener. 5. When replacement windows are fitted they must be at least equal in terms of ventilation to the original windows which they are replacing - i.e. there must be no worsening of the ventilation. When did these regs come into use? Dave |
#12
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"Dave" wrote in message ... Cicero wrote: This is a digest of basic regulations concerning ventilation which you could use for preliminary checking. It's derived from the official document as I understand it. I used it to persuade my supplier / fitter to act reasonably! 1. Ventilation must be at least 5% (1/20th) of the floor area in which the window is located. This must normally be achieved by means of openable lights. There are possible alternatives to openers such as a 'stack' but this alternative is rarely suitable. 2. It is recommended that at least one such opener should be at high level to prevent draughts causing discomfort. Suggested level is 1.75 metres / 6 feet. 3. There should be provision for some kind of 'trickle' ventilation and this can be achieved by the use of latches which can safely lock an opener in a partly open position. 4. In an upper / first floor room there must be provision for escape through an openable window in the event of fire. The width of the opener must be at least 450mm / 18". This usually means an opener at cill level rather than a top opener. 5. When replacement windows are fitted they must be at least equal in terms of ventilation to the original windows which they are replacing - i.e. there must be no worsening of the ventilation. When did these regs come into use? Dave ================== Building Regulations Part F - Means of ventilation Approved Document - 1995 Edition - Amended 2000 Just to clarify - the information given above is based on MY reading of the document. Cic. |
#13
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Hugo Nebula wrote:
For replacement windows, all the Building Regulations are concerned with is the heat loss. Provided that the other requirements are not made any worse than they were before the windows were installed (such as; if the window had an opening large enough to escape out of, and the new window doesn't), you're not required to 'upgrade' them in these respects. Hugo is that definitely correct, regarding the Means Of Esacpe issue? I hesitate to take issue, considering your profession! but I thought provision of fire escapes was an important part of the regs, ie bringing old houses up to a safe standard as windows get replaced. (I once had a BCO compell me to remove an almost brand new replacement uPVC window, and replace it [again!] with one featuring an MOE). David |
#14
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Your house, like 10 milion others, probably has no paperwork for all
sorts of things. I'd tell the buyer the house is sold as is, it is upto the buyer to survey and search to their own satisfaction, and buy or not buy. And I wouldnt discuss it any further. No way should one knock money off over a non issue. It certainly IS an issue as more and more people are finding out. The vendor is likely to find that out with every prospective buyer. Better to bite the bullet and get it sorted with the BCO. Then make a point of the fact that it is fully compliant as far as recent work is concerned. If it turns out its not 100% paperwork wise, theres a slim chance the future owner might possibly need to sort the paperwork out, but its very unlikely. I think this is an occasion when the head in the sand attitude is likely to prove costly. AFAIR the case that started solicitors asking these question cost £50K plus to settle. Peter Crosland |
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Cicero wrote:
Building Regulations Part F - Means of ventilation Approved Document - 1995 Edition - Amended 2000 Just to clarify - the information given above is based on MY reading of the document. I'll believe you. It's just that I did my windows early 90s and I got a little worried that I may not have complied, but I think I did mine before 95. Many thanks Dave |
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"Peter Crosland" wrote in message ... Your house, like 10 milion others, probably has no paperwork for all sorts of things. I'd tell the buyer the house is sold as is, it is upto the buyer to survey and search to their own satisfaction, and buy or not buy. And I wouldnt discuss it any further. No way should one knock money off over a non issue. It certainly IS an issue as more and more people are finding out. The vendor is likely to find that out with every prospective buyer. Better to bite the bullet and get it sorted with the BCO. Then make a point of the fact that it is fully compliant as far as recent work is concerned. If it turns out its not 100% paperwork wise, theres a slim chance the future owner might possibly need to sort the paperwork out, but its very unlikely. I think this is an occasion when the head in the sand attitude is likely to prove costly. AFAIR the case that started solicitors asking these question cost £50K plus to settle. Peter Crosland =============== The danger lies in concealment. Buyers are entitled to honest answers. However, vendors can't be expected to know precise details of all work done to their houses especially if work was done before they bought the house. It's certainly best to be honest and if there is any doubt about material changes / modifications then purchasers should satisfy themselves by means of a proper survey. Cic. |
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On Sat, 24 Sep 2005 16:13:11 +0000 (UTC), a particular chimpanzee
named Dave randomly hit the keyboard and produced: Cicero wrote: 1. Ventilation must be at least 5% (1/20th) of the floor area in which the window is located. 2. It is recommended that at least one such opener should be at high level to prevent draughts causing discomfort. Suggested level is 1.75 metres / 6 5. When replacement windows are fitted they must be at least equal in terms of ventilation to the original windows which they are replacing - i.e. there must be no worsening of the ventilation. When did these regs come into use? Well, the requirements for 1/20th floor area and at least part of the opening above 1.7m were there to stop people being poisoned by gas lighting, so a long time. 'Trickle vents' have been in since (IIRC) 1985. Means of escape in case of fire for all first floor rooms since 2000. There seems to be a lot of water-muddying going on in relation to the OP. As long as the windows are no worse in terms of the requirements apart from the thermal insulation ones, they comply. -- Hugo Nebula "If no-one on the internet wants a piece of this, just how far from the pack have you strayed?" |
#18
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On Sat, 24 Sep 2005 17:39:07 GMT, a particular chimpanzee named
Lobster randomly hit the keyboard and produced: Hugo is that definitely correct, regarding the Means Of Esacpe issue? I hesitate to take issue, considering your profession! but I thought provision of fire escapes was an important part of the regs, ie bringing old houses up to a safe standard as windows get replaced. (I once had a BCO compell me to remove an almost brand new replacement uPVC window, and replace it [again!] with one featuring an MOE). IIRC, your case was that of a change of use (converting two houses into one?). Many of the requirements here (incl. MOE) are as stringent as for a new-build. -- Hugo Nebula "If no-one on the internet wants a piece of this, just how far from the pack have you strayed?" |
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Cicero wrote:
"Peter Crosland" wrote in message ... Your house, like 10 milion others, probably has no paperwork for all sorts of things. I'd tell the buyer the house is sold as is, it is up= to the buyer to survey and search to their own satisfaction, and buy or not buy. And I wouldnt discuss it any further. No way should one knock money off over a non issue. It certainly IS an issue as more and more people are finding out. Not really, buyers solicitors do raise it, but upon being told not to be sily the buyers in almost all cases forget they ever raised it. As said, millions of houses dont have such paperwork, its only a panicky buyer that would walk away. The vendor is likely to find that out with every prospective buyer. Better to bite the bullet and get it sorted with the BCO. Then make a point of the fact th= at it is fully compliant as far as recent work is concerned. if this is straightforward, maybe so. If it means replacing windows, maybe not the way to go. I think this is an occasion when the head in the sand attitude is likely to prove costly. AFAIR the case that started solicitors asking these quest= ion cost =A350K plus to settle. one case means highly unlikely to prove costtly. And, more to the point, if you say nothing and leave it to the buyer to decide, you can't be had for misdescription. The buyers solicitor is potentially liable if they fail to ask, hence they ask. How important it is to buyer and seller is another matter. The danger lies in concealment. Buyers are entitled to honest answers. Theyre not entitled to any answers. It is the sellers choice whether to answer questionnaires. We live in a litigious society, errors do get made with these forms, sometimes issues exist the seller could not have known at sale, and sometimes one party claims something that wasnt your work was, and decides to pursue it, rightly or wrongly. Thus filling such form in only buys you legal liability. The buyer can determine what theyre buying without you holding their hand. The question is not what are solicitors asking, but what will buyers buy. Few will walk because theres no fensa paperwork. The occasional one might. However, vendors can't be expected to know precise details of all work do= ne to their houses especially if work was done before they bought the house. It's certainly best to be honest and if there is any doubt about material changes / modifications then purchasers should satisfy themselves by mea= ns of a proper survey. Cic. On the contrary, the safest route is to say nothing, and leave it to the buyer to determine and decide. NT |
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Hugo Nebula wrote:
On Sat, 24 Sep 2005 17:39:07 GMT, a particular chimpanzee named Lobster randomly hit the keyboard and produced: Hugo is that definitely correct, regarding the Means Of Esacpe issue? I hesitate to take issue, considering your profession! but I thought provision of fire escapes was an important part of the regs, ie bringing old houses up to a safe standard as windows get replaced. (I once had a BCO compell me to remove an almost brand new replacement uPVC window, and replace it [again!] with one featuring an MOE). IIRC, your case was that of a change of use (converting two houses into one?). Many of the requirements here (incl. MOE) are as stringent as for a new-build. I'm duly impressed: you're absolutely correct: your memory of (my) events is better than mine! (One house into two as it happens, but same net effect) David |
#22
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#23
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On Sun, 25 Sep 2005 11:01:59 +0100, a particular chimpanzee named Dave
Fawthrop randomly hit the keyboard and produced: Have you double glazed absolutely *all* the windows? I had a discussion with our double glazing suppliers and he said that the new regulations only apply to *complete* re-windowing of a house. Partial double glazing falls through a loophole somewhere. HTH Not true. Repairs to a window or door frame is exempt, but any individual replacement window (or door with more than 50% glazing) is covered. Most Building Controls charge the same amount for an application covering one window or a whole house. -- Hugo Nebula "If no-one on the internet wants a piece of this, just how far from the pack have you strayed?" |
#24
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wrote in message oups.com... Cicero wrote: "Peter Crosland" wrote in message ... Your house, like 10 milion others, probably has no paperwork for all sorts of things. I'd tell the buyer the house is sold as is, it is upto the buyer to survey and search to their own satisfaction, and buy or not buy. And I wouldnt discuss it any further. No way should one knock money off over a non issue. It certainly IS an issue as more and more people are finding out. Not really, buyers solicitors do raise it, but upon being told not to be sily the buyers in almost all cases forget they ever raised it. As said, millions of houses dont have such paperwork, its only a panicky buyer that would walk away. snip I think this is an occasion when the head in the sand attitude is likely to prove costly. AFAIR the case that started solicitors asking these question cost £50K plus to settle. one case means highly unlikely to prove costtly. And, more to the point, if you say nothing and leave it to the buyer to decide, you can't be had for misdescription. The buyers solicitor is potentially liable if they fail to ask, hence they ask. How important it is to buyer and seller is another matter. The danger lies in concealment. Buyers are entitled to honest answers. Theyre not entitled to any answers. It is the sellers choice whether to answer questionnaires. We live in a litigious society, errors do get made with these forms, sometimes issues exist the seller could not have known at sale, and sometimes one party claims something that wasnt your work was, and decides to pursue it, rightly or wrongly. Thus filling such form in only buys you legal liability. The buyer can determine what theyre buying without you holding their hand. snip However, vendors can't be expected to know precise details of all work done to their houses especially if work was done before they bought the house. It's certainly best to be honest and if there is any doubt about material changes / modifications then purchasers should satisfy themselves by means of a proper survey. Cic. On the contrary, the safest route is to say nothing, and leave it to the buyer to determine and decide. NT ====================== Buyers certainly are entitled to *HONEST* answers. That was established by the case referred to by another poster even if it is only one case. A vendor who refuses to answer any questions may be within his legal rights but his refusal to answer is likely to be very off-putting for potential buyers. I would certainly ask my own questions before engaging a surveyor and I would certainly walk away if a vendor refused to answer my questions. If the proposed 'Vendor's pack' becomes law then it will probably remove a vendor's 'right to silence' and that might not be a bad thing. As far as I remember, the case referred to concerned a serious neighbour dispute concealed by the vendors. It is unlikely that this kind of information would be picked up a surveyor's report yet it can be very relevant to potential buyers. At least they can choose to buy or not in the light of full information provided in a vendor's pack. Cic. |
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On Sun, 25 Sep 2005 11:22:06 +0100, Hugo Nebula abuse@localhost wrote:
| On Sun, 25 Sep 2005 11:01:59 +0100, a particular chimpanzee named Dave | Fawthrop randomly hit the | keyboard and produced: | | Have you double glazed absolutely *all* the windows? | I had a discussion with our double glazing suppliers and he said that the | new regulations only apply to *complete* re-windowing of a house. Partial | double glazing falls through a loophole somewhere. HTH | | Not true. Repairs to a window or door frame is exempt, but any | individual replacement window (or door with more than 50% glazing) is | covered. Most Building Controls charge the same amount for an | application covering one window or a whole house. We were replacing a single window at the time, discussing emergency exit and that is what he *said*. I have not checked the regs, but if there is an ambiguity, I would use it. -- Dave Fawthrop dave hyphenologist co uk The London suicide bombers killed innocent commuters. Animal rights terrorists and activists kill innocent patients. |
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In article ,
Hugo Nebula abuse@localhost wrote: Not true. Repairs to a window or door frame is exempt, but any individual replacement window (or door with more than 50% glazing) is covered. Most Building Controls charge the same amount for an application covering one window or a whole house. Interesting. I replaced a kitchen window and patio doors with ones from Screwfix some three years ago. Would these likely conform? I had to wait several weeks for delivery straight from the factory, so I'd guess they were new made to order rather than stock. -- *Ham and Eggs: Just a day's work for a chicken, but a lifetime commitment Dave Plowman London SW To e-mail, change noise into sound. |
#27
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Apparantly you need Building Control approval, if you fitted them, or a
Fensa cert if a contractor fitted them after April 2002. (I'm not an expert at ALL - I first asked the question at the start of this thread, and got the answer here - but I'm itching to provide some answers instead of asking questions all the time!) I spoke to my solicitor today re my problem. He said contact Building Control. Following a telephone discussion I'm going down their office to have a word. I hope there's someone other than an admin person when I get there. This could seriously delay our house sale. The windows might not even pass which could seriously upset our first-time buyers - I'm concerned about the opener sizes, though theyre the same as most new windows in the street and bigger than some, I don't think they t equate to 1/20th floor area. Maybe Large fitted cupboards will solve that ;-) Tony the stressed. |
#28
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#29
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Hi David
The 1/20th is something Cicero wrote in post number 8 in this thread - part of the regs: Cicero wrote; 1. Ventilation must be at least 5% (1/20th) of the floor area in which the window is located. This must normally be achieved by means of openable lights. There are possible alternatives to openers such as a 'stack' but this alternative is rarely suitable. Hopefully Building Control will be out in the next day or so. I'll let u know how I get on. If you don't hear from me, it probably means I'm being treated for stress somewhere!! tony |
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