# New Windows fitted but no building control sign off?



## renton (Nov 27, 2005)

We had some new windows fitted to our house earlier this year. The window fitter we chose was based on word of mouth and recommended by quite a few family friends as his work is really good.

Unfortunately he isn't Fensa registered so he told me that when finished he would arrange for the council building control to come round and sign off his work.

Anyway the work was carried out to a really good standard and we are more than happy with it.

However, despite chasing he still hasn't had BC round to sign it off and Im starting to worry he has something to hide?

The window installation was finished in Feb 2017 so i have been chasing every couple of months since and had various excuses back like : He had forgot, he had just separated from his wife, etc etc.


Where do we go from here??

Thanks


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## Tricky Red (Mar 3, 2007)

Contact Building Control yourself possibly. 

I would have thought anyone fitting windows should be Fensa registered though.


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## renton (Nov 27, 2005)

Tricky Red said:


> Contact Building Control yourself possibly.
> 
> I would have thought anyone fitting windows should be Fensa registered though.


I always thought that but its not the case.

The cost of getting building control round was included in the cost of the window fitting?

I just dont understand why he keeps putting it off.


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## Taxboy (Aug 23, 2006)

If this amount is included in your invoice you could suggest he refunds you so you can get it sorted. I wouldn't hold your breath for a refund but it might focus his attention.

Alternatively you could just ask him directly what is preventing him from getting it done 

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## renton (Nov 27, 2005)

I have messaged him via text a lot asking what the reason is and he just gives excuse after excuse.

If I ask for the refund on the building regs part and he does actually give it and then I go to them directly, what happens if they find a problem ? Is he still liable.


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## Darlofan (Nov 24, 2010)

Why is building control needed for windows? Has he altered lintels/structure when doing it?

Ignore that question, I've just read it's to do with thermal properties of the glass etc!!

Lucky I checked I'm about a fortnight away from ordering and fitting new doors and windows myself to an extension. Building control are involved anyway but nothing has been said about checking things when I purchase!!


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## Yellow Dave (Apr 5, 2011)

Fensa is a competent persons scheme for window installers to show compliance with meeting building regulations. In a similar fashion to GAS safe, NICEIC, ELECSA etc and HETAS and OFTEC. 

They are considered controllable fittings therefore must meet minimum standards. You don't have to be registered under a competent persons scheme, but if not the home owner is legally required to submit an application to your local authority building control department for them to check and certificate. 

All them up and ask if an application has been submitted against your address. If they say no say thanks and put the phone down. You don't have to tell them what the works were for. 

If no. Check the contract carefully that you had with the builder and follow it up in writing or email to him to either submit an application or refund the cost. 

If building control find any issues they can make you aware and what is required. Then depending on what if anything is wrong you can decide wether you deal with it yourself or go back to your builder. 

Typical house window replacement they'd be checking thermal efficiency, safety glass, means of escape or restriction fittings. Frame fixing and sealing. Ventilation.


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## renton (Nov 27, 2005)

I had an answer phone message from the fitter last week asking me for the details of the house as he was getting his building control chap onto it.

Ive just called building control this morning and nothing has been submitted for my address................


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## Rob_Quads (Jul 17, 2006)

Be aware that if any regulations have changed since you had then fitted it could put the installer in a tricky place as they will be checked against the current regs not the regs from when they were fitted.

Its not a bad thing them not being FENSA registered - i recently had some installed by a FENSA certified guy and it proved what FENSA was worth ... Yes they may have attended a course but they certainly didn't abide by it. The windows were installed breaking regulations and only after pointing it out did they rectify it.


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## Darlofan (Nov 24, 2010)

renton said:


> I had an answer phone message from the fitter last week asking me for the details of the house as he was getting his building control chap onto it.
> 
> Ive just called building control this morning and nothing has been submitted for my address................


You're going to have to keep on at him by the look of it. Become a pain, ring him daily more if you can. Let him know you've rung building control, the more knowledge you show the harder it becomes for him to blag you. Have you paid in full yet? If you have give him a reasonable time to sort it and then say you'll get building control out and claim it back through small claims court. You've got Xmas coming up so beware because soon he'll be using that as an excuse.


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## renton (Nov 27, 2005)

Just to further update this.........

The building control chap came round and carried out his inspection, however we got an invoice for the inspection and when I queried this apparently the window fitter hadn't paid it. 

The cost of the inspection was included in the price of the window fitting and as such already paid by me to the fitter.

Ive sent the invoice onto the fitter at his request and he told me it would be sorted. This was before Xmas.

Ive chased him yesterday asking if there would be a certificate and he has replied that he is going through a separation with his wife and as such money is tight and he has asked for more time.

He used the separation excuse in July last year as a reason so Im thinking he is just leading me on here !!

What are my options ??


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## Taxboy (Aug 23, 2006)

renton said:


> Just to further update this.........
> 
> The building control chap came round and carried out his inspection, however we got an invoice for the inspection and when I queried this apparently the window fitter hadn't paid it.
> 
> ...


I would get in touch with your fitter and explain that the building control visit that you have already paid him for has been completed and can he please pay the local authority or refund you within 7 days.

Given the issues you have had with him I would suggest you ask is he in a position to do this. You don't need to be aggressive but just understand the situation. If he says no ask if he could pay you half immediately and half in a months time. This would at least get you some of your money back.

You may be lucky that his financial situation has improved in recent times but I think realistically you are going to have to pay for the certificate and then try and recover it from him through the court. Its not a difficult process but if he really is in financial trouble there may not be too much in the way of assets to recover from him. However if you think he may be pulling a fast one a court judgement on his credit record may make him reconsider.

Hope it all works out well for you

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## Yellow Dave (Apr 5, 2011)

Rob_Quads said:


> Be aware that if any regulations have changed since you had then fitted it could put the installer in a tricky place as they will be checked against the current regs not the regs from when they were fitted.


Incorrect

If works have already been carried out, it is the submission of a Regularisation application to Building Control and not a normal Full Plans or Building Notice.

With this, only the regulations in place at the time of the works being done apply. You cannot retrospectively apply newer requirements


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