Selling a home is a stressful process. And selling a house without FENSA certificate can add to this stress.
It would be fair to say that most people don’t know what FENSA is, or that they need a certificate to prove that their replacement windows or doors comply with current Building Regulations.
But if you are selling your home, or thinking about having your windows or doors replaced, then not having a FENSA certificate (or an alternative) could cause you problems down the line.
A FENSA certificate is a document that proves that the windows and/or doors were installed according to building regulations.
There are other ways to do that, but FENSA is the most commonly known. You can find out more about FENSA and alternatives in our article about what is a FENSA certificate.
Having sold a home without a FENSA certificate ourselves, we will draw on our experience to guide you through the things to consider and be aware of and remove some of the added stress.
When you don’t need a FENSA certificate
So you are selling your home but don’t have a FENSA certificate for your new windows or doors. Well, do you actually need one?
There are circumstances where a FENSA certificate or an alternative isn’t necessary. For example, if the windows were installed more than 10 years ago. That’s because the certificate is only valid for 10 years.
FENSA isn’t the only accrediting body that can prove that the installation complies with building regulations. If you have a Certass certificate or the new windows and/doors were signed off by your local building authority, then a FENSA certificate isn’t needed.
Also, building regulations regarding windows and doors only apply if you replace them completely. If you are only getting the glass changed or the seal replaced, you don’t need building regs approval.
Basically, for repairs it’s not needed only for complete replacements. This means that you also don’t need or get a FENSA certificate. It’s worth looking at repairing the window or door rather than replacing it.
We found that it’s much cheaper and does the job. In our previous home, the double glazing had failed. We thought we had to replace the window. But the workman we got to quote said that it won’t be necessary.
So he just came and replaced the glass. It didn’t take him very long and wasn’t expensive.
If you are unsure whether you should have FENSA certificate or an alternative, speak to your solicitor who will be able to provide you with advice.
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Implications of a missing FENSA certificate
As we have said, the FENSA certificate proves that the new windows and/or doors were installed according to current building regulations.
You might not need it for any of the reasons we have mentioned above. But if you do, and don’t have it, there are implications you should consider.
Local authority could ask to rectify missing building regs
The main implication of a missing FENSA certification is that the local authority could order you or the buyer to get the windows and doors installed again, if the original installation doesn’t comply with building regulations.
That’s costly and can be disruptive and isn’t what you or your potential buyer would want.
Buyer could try to renegotiate price
The threat of having to re-do the installation is only part of it though. A FENSA or Certass certificate also means that the installation has been done to a high standard.
A buyer might consider that the installation is of poor quality due to the missing FENSA certificate, and try to renegotiate the purchase price.
And their concerns might be justified. A study has shown that replacement windows could lower the inside air quality, unless additional ventilation is added, which is a building regulations requirement. (Fox et al., 2016) A poorly installed window can also be less effective when it comes to thermal and sound insulation. (Blasco et al., 2011)
So if a buyer suspects that the new windows you have put in aren’t installed well or that cheap, low-quality windows have been used, they might think they have agreed to pay too much. And if this is the case, it will be difficult to reassure them.
Buyer might walk away
The worst case scenario would be that a buyer gets spooked, worrying that buying the house would mean additional costs and disruption. As a result, they might decide to pull out of the purchase.
It will come down to the impression that you as the seller have made. If the buyer thinks that everything you have done on the house was cheap and of poor quality, they might worry about buying a money pit.
Especially, if there are many little repairs that the buyer has identified, as this can give the impression that the home hasn’t been cared for. Combined with a missing FENSA that could just push the buyer over the edge and get cold feet.
As you can see, selling a house without FENSA certificate could have negative implications. So what do you do?
Selling a house without a FENSA certificate
While selling a house without proof of building regs approval, like a FENSA certificate, can be more challenging, it doesn’t mean you can’t sell your house.
There are several scenarios with different solutions.
FENSA certificate lost/not received
The simplest issue to deal with is if there is a certificate, but you don’t have it. Either because you lost/misplaced it or because the installer forgot to give you one.
You can check if there is one, on the FENSA website, as we have already said. If there is, contact your installer and request your copy.
If they are unable to do this, you may need to get in touch with FENSA directly. Worst case scenario is that you have to buy a copy for a relatively small fee.
The same is true if you have had a Certass-registered installer. You can contact Certass via their website to find out if there is a certificate and if there is, you can get a copy.
While it might take a bit of time, it’s still easy to solve.
Installer is non-member/DIY installation
If you have used an installer that isn’t a FENSA member or part of any competent person scheme approved by the government, such as Certass, it gets more complicated.
What should have happened after the completion of the installation is that you or the tradesman got building regulations sign-off. This is done by a visit from a local building inspector who will check the work and then issue a certificate.
If this didn’t happen, you can apply to your local council for a Retrospective Building Regulation Compliance Certificate. This will come with a fee of a few hundred pounds and can take a while to get.
Also keep in mind that you will only get approval if the installation has been done according to building regs. If not, you will have to carry out work to make it compliant.
Alternatively, you could take out indemnity insurance. This will cover any costs incurred if the local authority asks for remedial work to comply with building regulations.
You can only get insurance though, if you haven’t tried to get retrospective building regs approval before. That’s because the insurance won’t cover you if a third party, i.e. the local authority, is aware.
Most buyers will accept this, as long as their lender, if they need a mortgage, does.
On our first house, we did have a window replaced without knowing about FENSA and, as a result, we didn’t get the necessary certificate.
Instead, we were able to pay a few pounds for an indemnity insurance to cover the new owner against any costs of rectifying a non-complying window.
Our solicitor was happy to arrange it all for us. While they did charge us extra for this, the amount was relatively low for the time it saved us. It also gave us confidence that everything had been sorted out properly.
Windows changed as part of bigger project
If you replaced windows or doors as part of a larger refurbishment or building project that required building regulations approval, you probably won’t have a FENSA.
That’s because the completion certificate you received from the council is likely to cover your replacement window(s) or door(s) too.
This was a situation we found ourselves in when we sold our previous property. The buyer’s solicitor was questioning why we didn’t have FENSA certificates for some windows. However, we didn’t have them because they were covered by the loft conversion building regulations approval.
Once we pointed this out and provided them with the copies, they accepted this. Having a good solicitor is key to overcoming any issues during the conveyancing process.
Get things ready before the for sale sign goes up
To prevent any of the negative implications when selling your home without FENSA certificate, the best weapon is to be prepared. Take these steps once you have decided to sell your home without having this document.
- Contact the installer and ask for the correct documentation
- If they won’t oblige, check with FENSA/Certass, if they are a member of either
- If the installer wasn’t a member of either and won’t provide you with official proof of compliance with building regs, speak to your solicitor
- Decide if you want to try to get retrospective building regulations approval or take out indemnity insurance
It’s important to know that you can only take out indemnity insurance if you haven’t contacted the local building authority. That’s because if you do so, you have informed a third party about the lack of approval, which would invalidate the insurance.
So it’s important that you first speak to your solicitor and take their advice. Indemnity insurance isn’t expensive and most buyers will accept it, as do most lenders, in case the buyer needs a mortgage.
To mitigate any concerns about the condition of the property, make sure you make any repairs and make your home look as fresh and well-cared for as possible.
Selling your home without a FENSA certificate
Selling a house without FENSA certificate can have negative impacts. However, there are ways to mitigate them and while it might put off some buyers, most will not see it as a major problem.
The key is to be prepared and take advice from your solicitor as to how best to proceed. We have sold and bought houses that didn’t have the relevant FENSA certificates, and it wasn’t a big deal.
Not having proof that the work has been carried out according to building regs isn’t ideal, but won’t stop you from selling your home. It might be a bit more of a challenge, but nothing you can’t overcome.
Nonetheless, we would recommend getting a FENSA certificate if you replace your windows and doors. Not just because it makes it easier when you come to sell, but for peace of mind.
