A few years ago, a friend, Gemma* was renovating her house… on a budget. She had a brilliant builder Sam, who could turn his hand to pretty much everything, and seemed to know just the right place to buy good value, quality materials. The renovations went well – on budget, on time and the house looked beautiful by the end of the project.

A couple of years later, Gemma put her house on the market. There was lots of interest, a buyer put in an offer, and the sale started to move forward. But a problem presented itself.

Sam had used windows from his local joiner; he hadn’t bought them from a FENSA-approved installer. The windows didn’t have the certification to prove that they complied with building regulations.

Gemma looked into the options as she really didn’t want to replace the windows and she was sure that they were well-made and installed appropriately. She discovered she had a couple of options:

Option 1 – Retrospective Building Regulation Compliance Certificate

Gemma would need to apply to the local authority for a Letter of Regularisation. Costs vary, but it might amount to £300-£400. Critically, this option can take weeks, maybe months to complete and in the meantime Gemma’s sale may fall through.

Option 2 – Building Regulations Indemnity Insurance

Gemma could take out building regulations indemnity insurance. It protects the buyer against losses if the local authority enforces the alteration or the removal of the windows. The cost of such a policy varies between £200-£500 but it’s fairly simple and quick to organise.

A good solicitor can guide you through the sometimes complicated world of buying and selling a house, and the solutions available. Should you need more information, please contact Declan Hayes on 01756 692888 or declan.hayes@awbclaw.co.uk

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22 May 2025

*all names have been changed in the above article!