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Current Legislation


 

Thinking of replacing your windows this year?

From April 2002, all replacement glazing will come within the scope of the Building Regulations. From then on, anyone who installs replacement windows or doors will have to comply with strict thermal performance standards.

One of the main reasons for this change is the need to reduce energy loss. The Building Regulations have controlled glazing in new buildings for many years but this represents only a very small percentage of our total building stock. It is also essential to improve the performance of the much larger number of existing buildings if we are to meet increasingly stringent national and global energy saving targets.

When the time comes to sell your property, your purchaser's solicitors, while undertaking the necessary search, will ask for evidence that any replacement glazing installed after April 2002 complies with the new Building Regulations. There will be two ways to prove compliance:-

 

  • a certificate showing that the work has been done by an installer who is registered under the FENSA Scheme
  • a certificate from the local authority saying that the installation has approval under the Building Regulations.

A sample of the work of every installer will be inspected by FENSA appointed inspectors to ensure standards are maintained. FENSA will also inform local authorities of all completed FENSA installations and issue certificates to householders confirming compliance.


Any installation done by a firm which is not registered to self-certify, or done as a DIY project by a householder, will need full local authority approval under the Building Regulations. Local authorities will know of all the approved installers in their areas and will be able to identify unauthorised work very easily. You should note that you, as the house owner, are ultimately responsible for ensuring the work complies with the Building Regulations.

Before you sign a contract to buy replacement glazing, be sure to ask whether the installer is able to self-certify. If not, either they, or you, will need to make an application to your local authority for approval under the Building Regulations and pay the relevant charges.

What are the new Regulations?


The Government's Approved Document L complementing the new energy efficiency regulations, was issued on 31 October 2001. It extends Building Regulations to cover replacement window and door installation from April 2002, when all installers and buyers of replacement windows and doors will be expected to comply with improved energy efficiency requirements. One of the main drivers is the need to reduce heat loss in order to conform to more stringent energy efficiency targets. Glass products will be expected to have lower heat loss, measured by their "U" value.

How will the Regulations affect installers?


They will involve more stringent specifications for the products used. In addition, all installations will be subject to inspection by Local Authority Building Control, unless arrangements for self-assessment have been made. With the annual rate of replacement installations running at approximately 2 million, inspection of each installation would cause a major bottleneck if channelled through the normal Building Control route.

When do the Regulations come into force?

From 1 April 2002. However, the new technical regulations do not apply where contracts have been signed before 1 April 2002 and the installation is completed before 1 July 2002.

What has to be certified?

Where a window or windows is/are completely replaced (as opposed to repaired) in existing dwellings, they must comply with Approved Documents Parts L1 and N (safety in relation to impact). In addition, the building should not end up with a worse level of compliance with respect to other applicable parts of Building Regulations, which includes Parts A (Structure), B (means of escape in case of fire) F (ventilation), J (combustion appliances and fuel storage systems) and M (access for the disabled).

Compliance with the Gas Safety (Installation and Use) Regulations 1998 is also essential.


Why is insurance required?

FENSA members are required to offer to their customers the two categories of insurance stated below. It is a government requirement that the consumer is offered insurance. The consumer is under no obligation to accept.

If members take deposits in advance of installations, they must offer some form of deposit indemnity. Deposits may be guaranteed by, for example, trade association guarantee schemes, deposit indemnity insurance, or credit card protection.

Members must also offer a guarantee or warranty covering the cost of completing rectification work in respect of defects and in the event of ceasing to trade, and offer to back this guarantee with an independent insurance policy.

How will the scheme work?

Once registered, companies will be required to certify that their work complies with the regulations, and inform a central FENSA database whenever they carry out an installation. The database will then be used as the source for certification to Local Authorities that installations have taken place, producing certificates for homeowners, and for subsequent reference, by solicitors doing search activities prior to house purchases.