The legislation may be six years old, but it still governs the landlord’s duties regarding the installation and maintenance of windows in rented property, says Menasche Scharf
In April 2002 the act of replacing windows in a property became subject to Buildings Regulations. This piece of legislation - although it covers windows in general - specifically targets installations of windows that need to meet certain "thermal performance standards" for glazing.
The new law - which was, and still is, designed to help buildings comply with energy efficiency directives - means that any replacement windows installed after 1 April 2002 MUST be installed by either
1 By a competent individual or firm with specific Buildings
Regulations consent from the local authority, or
2 A person or company registered with the Fenestration
Self-Assessment Scheme (FENSA)
Either way, a certificate to show that replacement windows comply with the new regulations is issued upon completion of the installation.
Should you have replaced windows in your property without observing the Buildings Regulations as they apply, you could have a few problems to deal with. Firstly, if you want to sell your property, the buyer's solicitor will make a specific check to ensure that Buildings Regulations were complied with for any window replacements. This they will do by asking you to produce your compliance certificate(s). If you don't have them, you could find your property difficult, if not impossible, to sell.
The second issue is that if the council is alerted to the fact that your replacement windows were not certified, you could have a building control inspector on your doorstep! If, after inspection, your replaced windows are found not to comply with current thermal performance standards, you may be asked to replace the units again.
DIY Window Replacements
Are you planning on replacing windows yourself? If so, here's what you must do to comply with the law…
• Submit a Building Notice / Application to your local authority -- Contact the Building Control department of your local authority and ask for a Building Notice or Application form for permission to install replacement windows. Below you will find useful contact details of your local council. They will tell you the cost of this procedure.
• When filing through a District Surveyor, there is a fee of around £200.00 - so you might want to rely on the Windows Iinstaller, who is anyway licensed to install the windows and will be covered by his own annual fee.
• Obtain Approval -- Local authorities approve applications as default, normally within 2-3 days of receiving the notice. You will be asked to provide an installation date.
• Inspections -- The local authority will likely make two inspections.
The first inspection is conducted at the commencement of the work; the second after completion. If the glazing does not meet the required inspection standards at either point, the units will not be approved and you will have to replace them again.
• Completion Certificate -- Assuming the authority inspector approves the final installation, a Completion Certificate is issued. This must be retained and produced as evidence of compliance upon your property's sale.
Your role as landlord
Before replacing windows at your rental property you will need to inform the tenant and - as stated in the Tenancy Agreement - make arrangements for access to be granted to the installer on the day of installation.
For the tenant's safety and the safety of the installer you should ask the tenant to remove items fixed to the existing window glass, and to remove items on the windowsills. Also ask the tenant to move any objects that they've placed directly outside the window which could obstruct the installer, such as plant pots and garden ornaments.
Insist that the tenant confirms that valuables have been removed - no one will take responsibility for stolen/lost jewelry etc.
If the tenant is responsible for the maintenance of trees, plants and foliage on the property, make sure that none obstruct the area where the installer will work. This should include, where necessary, the control and cut back of wall-growing ivy that might encroach on the window space.
Advice for tenants
Unless your lease agreement states otherwise, your landlord is responsible for the replacement of windows at your property.
General advice
To conform to their recommendations, remember to request that window restrictors are installed: flexible enough to assist in escaping during a fire and to prevent children from falling out .
General maintenance and repair guidelines
It is the responsibility of the landlord to repair the frame, by applying a coat of anti-fungal or rust-preventing paint or similar treatment or to replace it completely.
Contact details of your local council:
Barnet Council Building Regulations 020 8359 4500
Brent Council Building Regulations 020 8937 5499
Hackney Council Building Control Department 020 8356 8124
Haringey Council 020 8489 5504, ask for "Building Control"
Harrow Council Building Control Department 020 8424 1436
Bury & Prestwich Building Control Services 0161 253 5313
Salford City Council Building Control Department 0161 909 6555
Gateshead Council Building Control Department 0191 433 3146
Leeds City Council Building Control Department 0113 247 8000"
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