Western Mail Property Doctor Column #9
By admin
Issued on behalf of Emyr Pierce Solicitors
We bought a house eight years ago which had been extended five years earlier with a small utility room to the side. We are now selling up, but have been told we need to provide building regulation approval for the extension which we’ve discovered it never had. What should we do?
Up until the turn of this century it had been an unwritten rule that local authorities would not carry out enforcement action against householders who failed to obtain building regulation approval for small alterations and additions to their properties, such as porches, lean-to extensions and utility room add-ons which had been built for over 12 months before it came to their attention. But all this changed seven years ago with a case which ruled that local authorities could take enforcement action in cases where building regulation approval had not been obtained – and that such action could be taken retrospectively over an indefinite period. So now when it comes to selling a house, whatever alteration has been made to the property, the buyer’s solicitor will ask the seller for either building regulation approval or, in its absence, an insurance indemnity policy (for which you could expect to pay on average between £75 and £150). This will and does affect a large percentage of the home-owning population and has become yet another irritant to both the practitioner and client alike as there are very few properties that have not been altered, extended or added to in one way or other. For anyone who bought before the year 2000 this is particularly galling as they would not have faced this problem when they made their original purchase – yet when they come to sell they now find themselves having to deal retrospectively with the issue for which they were probably not responsible in the first place, and find themselves having to fund an indemnity policy for the lack of approval for an alteration carried out by a previous owner.
I have supplied guarantees for my replacement windows and doors, but I am now being asked for something called a FENSA certificate as well. Is this right – and what is it?
This is an interesting one because, again, it affects the vast majority of home-owners. All replacement glazing in windows and doors fitted since April 1, 2002, now requires a FENSA (Fenestration Self-Assessment Scheme) Certificate in addition to the usual guarantee which you would expect to receive. Both the guarantee and the FENSA Certificate have to be produced on the sale of your home. This is effectively a health and safety issue and effectively brings all replacement glazing in dwellings within the scope of Building Regulations and ensures that anyone installing replacement windows and doors complies with improved thermal performance and safety standards. So, if you have a window replaced, new double-glazing installed, or even a pane of glass repaired in your front door, it now needs to come with a FENSA certificate which you should keep safe with your other household documents. If you cannot supply this document on resale you will either be asked to obtain one from the company who carried out the installation, retrospective building regulation approval for your replacement glazing, or once again you will need to supply an indemnity policy for the lack of building regulation approval. Rather perversely conservatories are exempt from the need for a FENSA Certificate. Odd when you think that they include more glass than any other part of your property.
