Navigating the complexities of buying or selling a home can be a daunting process, often filled with common challenges. From initial offers to the excitement of completion day, a mountain of paperwork is required to ensure a legally sound and smooth transaction. One such crucial document, often overlooked until it’s requested, is the FENSA certificate. Here at Gorvins Residential, our expert conveyancing solicitors are well-versed in the importance of this certificate and are here to guide you through everything you need to know.
What Exactly is a FENSA Certificate?
FENSA, which stands for the Fenestration Self-Assessment Scheme, is a government-authorised scheme set up in 2002. It was established to ensure that replacement window and door installations in England and Wales comply with the relevant Building Regulations.
A FENSA certificate is official proof that your replacement windows and/or doors have been installed by a FENSA-approved installer who has certified that the work meets these stringent standards. It confirms that the installation is structurally sound, has been registered with the local council, and is energy-efficient – a key factor when you’re considering how to check a house is energy efficient before buying. This often goes hand-in-hand with the property’s Energy Performance Certificate (EPC).
What Information Does a FENSA Certificate Contain?
A FENSA certificate is a relatively straightforward document that includes key details about the installation, such as:
- The address of the property where the installation took place.
- The name of the FENSA-approved installation company.
- A description of the work carried out (e.g., replacement of PVC-U windows and a composite front door).
- The date of the installation.
- A statement confirming that the installation complies with the relevant Building Regulations.
When is a FENSA Certificate Required?
A FENSA certificate is required for the replacement of external windows, doors, roof windows, and roof lights in existing properties. The scheme was introduced on 1st April 2002, so any installations carried out since this date should have a corresponding FENSA certificate or a certificate from another competent person scheme (such as CERTASS) or direct approval from Local Authority Building Control.
It’s important to note that FENSA certificates are not required for:
- New build properties (as the windows and doors are covered by the overall building control approval for the entire property).
- Extensions (again, covered by the building regulations for the extension).
- Conservatories with an unheated thermal break between the conservatory and the main house.
- Porches.
- Repairs to existing windows and doors.
How Long is a FENSA Certificate Valid For?
A FENSA certificate is valid for the lifetime of the windows and doors it covers. It is tied to the property, not the owner. Therefore, when you sell your home, the FENSA certificate should be passed on to the new owners.
FENSA Certificate in Conveyancing
For our team at Gorvins Residential, the FENSA certificate is a key document in the conveyancing process. When you are selling your property, your buyer’s solicitor will raise enquiries, and one of the first things they will ask for is proof that any replacement windows and doors installed since April 2002 comply with Building Regulations.
Having a FENSA certificate to hand demonstrates this compliance and helps to avoid unnecessary delays in the transaction, which is crucial when you consider how long selling a house can take. It provides the buyer and their mortgage lender with the assurance that the work was carried out to the required standards.
What Happens if You Don’t Have a FENSA Certificate?
It’s not uncommon for homeowners to have misplaced their FENSA certificate or to have had work done by an installer who was not FENSA-registered. If you find yourself in this position when you come to sell your property, don’t panic. There are solutions available, and this is where the expertise of a trusted conveyancing solicitor becomes invaluable.
The two primary solutions are:
- Retrospective Building Control Approval: You can apply to your local council for what is known as ‘regularisation’. A building control officer will visit your property to inspect the installation. If it meets the required standards, they will issue a certificate of compliance. However, this process can be time-consuming and there is no guarantee that the work will be approved. There is also a fee payable to the local authority.
- FENSA Indemnity Insurance: A more common and often quicker solution is to obtain a Lack of Building Regulation Approval Indemnity Policy. This is a one-off insurance policy that protects the buyer (and their mortgage lender) against any financial loss they might incur if the local authority were to take enforcement action regarding the non-compliant installation. The seller usually pays for this policy, and at Gorvins Residential, we can advise you on the cost and arrange this on your behalf to ensure a swift progression of your sale.
It is important to understand that an indemnity policy does not guarantee the quality of the installation; it simply provides financial protection against a specific legal risk. This is another reason why understanding what a conveyancer does for the seller is so important.
How Gorvins Residential Can Help
At Gorvins Residential, we understand that dealing with property paperwork can be overwhelming. Our dedicated team of conveyancing solicitors is here to take the stress out of the process.
- For Sellers: We proactively request all necessary documentation from you at the outset of the transaction. If a FENSA certificate is missing, we will provide you with clear, practical advice on the best course of action, whether that’s obtaining a replacement certificate from FENSA (if the installer was registered) or arranging a suitable indemnity policy.
- For Buyers: We meticulously review all the paperwork provided by the seller’s solicitor, including any FENSA certificates. We will ensure that all replacement windows and doors are accounted for and that you are protected, either by a valid certificate or an appropriate indemnity policy. This is a key part of what a conveyancing solicitor does for the buyer.
Our goal is to ensure that your property transaction proceeds as smoothly and efficiently as possible, without any last-minute hitches related to missing documentation.
If you are planning on buying or selling a property and are wondering when you should instruct a conveyancing solicitor, or have any questions about FENSA certificates, please do not hesitate to get in touch with our friendly and experienced team at Gorvins Residential. We are here to provide the expert guidance you need for a successful move.
