I am buying a property, when the seller is unable to provide either building
regs, or a fensa cert for windows installed after April 2002.

I may be "happy" with the windows, however this question will undountable
come back to me when the property is sold by me, unless I replace the
windows in the meantime.

What is the remedy?

Simon wrote:
I am buying a property, when the seller is unable to provide either building
regs, or a fensa cert for windows installed after April 2002.

I may be "happy" with the windows, however this question will undountable
come back to me when the property is sold by me, unless I replace the
windows in the meantime.

What is the remedy?

Building regs application - as long as the windows meet the current
regs, they'll pass them and give a certificate. Costs about £50 I
think.

A

Simon wrote:

I am buying a property, when the seller is unable to provide either building
regs, or a fensa cert for windows installed after April 2002.

I may be "happy" with the windows, however this question will undountable
come back to me when the property is sold by me, unless I replace the
windows in the meantime.

What is the remedy?

If you want the place - get on with it and buy it.

Chances are people will lose interest in this over time - so you may not
even be asked the question when you move.

If you realy want to spend some money for paperwork then you could
either ask the vendor to provide building regulations indemnity
insurance (this is cheap since it is to all intents and purposes
impossible to claim on), or you could apply to have the windows
regularirsed by bulding control (for which they will charge a fee).

--
Cheers,

John.

/================================================== ===============\
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If you realy want to spend some money for paperwork then you could either
ask the vendor to provide building regulations indemnity insurance (this
is cheap since it is to all intents and purposes impossible to claim on),
or you could apply to have the windows regularirsed by bulding control
(for which they will charge a fee).


Does Buildings Regulations Indemity insurance, cover the entire property
against BR enforcement or just one issue? I.e if the vendor is required to
takeout a policy for a conservatory, would this also cover then issue of the
windows? - does the premium change?

Simon posted
I am buying a property, when the seller is unable to provide either building
regs, or a fensa cert for windows installed after April 2002.

I may be "happy" with the windows, however this question will undountable
come back to me when the property is sold by me, unless I replace the
windows in the meantime.


No enforcement action can be started relating to a structure built more
than one year ago. So the simplest remedy is to sack your solicitor and
forget that he wasted everybody's time asking for BR approvals. If you
are asked the same question when you come to sell the property, pass
this information on to your purchaser, and advise him to sack his
solicitor too.

--
PeteM

--
Posted via a free Usenet account from http://www.teranews.com

Simon wrote:

I am buying a property, when the seller is unable to provide either building
regs, or a fensa cert for windows installed after April 2002.

I may be "happy" with the windows, however this question will undountable
come back to me when the property is sold by me, unless I replace the
windows in the meantime.

What is the remedy?

I dont see any problem that needs a remedy


NT

No enforcement action can be started relating to a structure built more
than one year ago. So the simplest remedy is to sack your solicitor and
forget that he wasted everybody's time asking for BR approvals. If you
are asked the same question when you come to sell the property, pass
this information on to your purchaser, and advise him to sack his
solicitor too.


Not strictly trust as I understand it.

"You can't be served with a section 36 enforcement notice more than 12
months after the date of completion of the building work, but this does not
affect a local authority's (or any other person's) right to apply to the
courts for an injunction for the same purpose" See Cottingham v Attey Bower
& Jones

However I am not aware of a case, where this has happened.

Nevertheless, as a solicitor is keen to cover their own back they will
usually insist on indemnity, even though there will never be a claim on it.

Simon wrote:

No enforcement action can be started relating to a structure built more
than one year ago. So the simplest remedy is to sack your solicitor and
forget that he wasted everybody's time asking for BR approvals. If you
are asked the same question when you come to sell the property, pass
this information on to your purchaser, and advise him to sack his
solicitor too.


Not strictly trust as I understand it.

"You can't be served with a section 36 enforcement notice more than 12
months after the date of completion of the building work, but this does not
affect a local authority's (or any other person's) right to apply to the
courts for an injunction for the same purpose" See Cottingham v Attey Bower
& Jones

However I am not aware of a case, where this has happened.

Nevertheless, as a solicitor is keen to cover their own back they will
usually insist on indemnity, even though there will never be a claim on it.

A risk of zero out of 10s of millions so far then. Not bad. With most
houses you'll have real issues, makes little sense to concentrate on
the imaginary ones.

Determined prosecution does occur, eg Mr Nseowo, but for something as
trivial as lack of paperwork on a window I dont see you being in grave
danger.


NT

"PeteM" wrote in message
...
Simon posted
I am buying a property, when the seller is unable to provide either
building
regs, or a fensa cert for windows installed after April 2002.

I may be "happy" with the windows, however this question will undountable
come back to me when the property is sold by me, unless I replace the
windows in the meantime.


No enforcement action can be started relating to a structure built more
than one year ago. So the simplest remedy is to sack your solicitor and
forget that he wasted everybody's time asking for BR approvals. If you
are asked the same question when you come to sell the property, pass
this information on to your purchaser, and advise him to sack his
solicitor too.

whethere enfordement action can be taken as not

Would YOU buy a property that may have been built shoddily?

tim

On 2007-01-08 20:47:50 +0000, "tim....." said:


"PeteM" wrote in message
...
Simon posted
I am buying a property, when the seller is unable to provide either building
regs, or a fensa cert for windows installed after April 2002.

I may be "happy" with the windows, however this question will undountable
come back to me when the property is sold by me, unless I replace the
windows in the meantime.


No enforcement action can be started relating to a structure built more
than one year ago. So the simplest remedy is to sack your solicitor and
forget that he wasted everybody's time asking for BR approvals. If you
are asked the same question when you come to sell the property, pass
this information on to your purchaser, and advise him to sack his
solicitor too.

whethere enfordement action can be taken as not

Would YOU buy a property that may have been built shoddily?

tim

No, but do you imagine that a piece of paper from a contractor
self-certifying his materials
and work is a warranty that shoddy materials and workmanship have not
been used?

The message .com
from contains these words:

Determined prosecution does occur, eg Mr Nseowo, but for something as
trivial as lack of paperwork on a window I dont see you being in grave
danger.

That was a planning issue, not building regs.

--
Roger Chapman

Simon posted
No enforcement action can be started relating to a structure built more
than one year ago. So the simplest remedy is to sack your solicitor and
forget that he wasted everybody's time asking for BR approvals. If you
are asked the same question when you come to sell the property, pass
this information on to your purchaser, and advise him to sack his
solicitor too.


Not strictly trust as I understand it.

It's as strictly true as anything in law ever is.


"You can't be served with a section 36 enforcement notice more than 12
months after the date of completion of the building work, but this does not
affect a local authority's (or any other person's) right to apply to the
courts for an injunction for the same purpose" See Cottingham v Attey Bower
& Jones

However I am not aware of a case, where this has happened.

It is never used because it is a very expensive procedure that is very
likely to cost the local authority (and its ratepayers) a lot of money
to no purpose whatsoever. Many BR departments, including my own LA's,
publicly state that they wouldn't do it except maybe where some building
is a major public hazard.


Nevertheless, as a solicitor is keen to cover their own back

.... i.e. justify their own fees ...

they will
usually insist on indemnity, even though there will never be a claim on it.

--
PeteM

--
Posted via a free Usenet account from http://www.teranews.com

Simon wrote:
I am buying a property, when the seller is unable to provide either building
regs, or a fensa cert for windows installed after April 2002.

I may be "happy" with the windows, however this question will undountable
come back to me when the property is sold by me, unless I replace the
windows in the meantime.

What is the remedy?

You are most likely to find someone, like yourself who would be happy,
and will have the common sense to realise that they are OK.

Also it will such a while since they were fitted, so that there will be
no probelms or interest from building control.

dg

tim..... wrote:

whethere enfordement action can be taken as not

Would YOU buy a property that may have been built shoddily?

most people do


NT

tim..... wrote:

whethere enfordement action can be taken as not

Would YOU buy a property that may have been built shoddily?

most people do. The absence of a piece of paper and shoddiness are not
the same thing anyway. Or even close.


NT

tim..... wrote:

Would YOU buy a property that may have been built shoddily?

tim

People buy homes made by Barratt or Crest all the time. What was the
question again?

To the OP - if you like the house, buy it. Nobody, apart from a few
beauro-anal types like your solicitor gives a damn anyway. Most people can
apply enough common sense to differentiate lack of building control on a
structure="potentially dodgey" to lack of control on anything Part-L
related="so what?"...

Even lack of Part P control is hardly a problem IMHO - in the worst case,
get a PIR done as that is all most LBAs do for the final inspection.

Cheers

Tim

On Mon, 8 Jan 2007 20:47:50 -0000 Tim..... wrote :
whethere enfordement action can be taken as not

Would YOU buy a property that may have been built shoddily?

All building regulations compliance is about whether something
meets the regulations or not, and nothing more. The fit and finish
can be disastrous yet still comply.

--
Tony Bryer SDA UK 'Software to build on' http://www.sda.co.uk

On 2007-01-09 08:05:43 +0000, Tim S said:

tim..... wrote:

Would YOU buy a property that may have been built shoddily?

tim

People buy homes made by Barratt or Crest all the time. What was the
question again?

To the OP - if you like the house, buy it. Nobody, apart from a few
beauro-anal types like your solicitor gives a damn anyway.

... and he only does because there might be money in it from extra time
and writing of letters.