Replacement Glazing - Legal Requirements in the Conveyancing Process

Since April 2002 any replacement or new glazing is subject to Building Regulations. In an attempt to simplify matters a scheme has been set up known as the Fenestration Self Assessment Scheme (FENSA).

If the window installer is FENSA registered he may issue a FENSA certificate in lieu of a Building Regulations completion certificate. The installer must also notify the Building Control Department at the local authority of the work. If the installer is not FENSA registered then the work must be inspected by building control and a completion certificate obtained.

If you’re selling a property and you’ve replaced or installed windows since April 2002, then locate your Certificate as, invariably the buyer's Property Lawyer will ask for it.

If you had a FENSA Certificate and you’ve lost it then Fridaysmove or your Property Lawyers should be able to obtain a copy. (Fridaysmove charge £15 plus VAT for this service). To avoid delays later in the transaction we suggest you find the certificate now. If you didn’t get a FENSA Certificate or Building Regulation Approval, then you need to make sure that you tell your Property Lawyer.
It is usually possible for you to either pay for an insurance policy to cover the buyer or to contact the Council for retrospective Building Regulation approval. If you use the latter option though, be aware that if retrospective Building Regulation approval is refused, you may not get insurance, because the insurance company will consider the Council as being notified of the breach and therefore likely to take enforcement action against you.
If you require further advice in this matter or have concerns how to complete the Property Information Questionnaire please call 033 0660 0286