Safe Window Replacements: What every buy-to-let property owner should know

In April 2002 the act of replacing windows in a property became subject to Buildings Regulations. The new law, which was, and still is, designed to help buildings comply with energy efficiency directives, specifically thermal performance standards for glazing, means that any replacement windows installed after 1 April 2002 MUST be / have been installed by either

1. A person or company registered with the Fenestration Self-Assessment Scheme (FENSA), or

2. By a competent individual or firm with specific Buildings Regulations consent from the local authority.

Either way, a certificate to show that replacement windows comply with the new regulations is issued upon completion of the install.

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 observed 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. Some local authorities allow you to download the form off the Internet, and even submit your application online.

• 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 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 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 windowsill. 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. 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. The costs involved may be passed onto you if the underlying reason for replacement was due to damage (deliberate or accidental) caused by your actions. However, if the damage was accidental and not your fault - for example if a tree branch falls and breaks the window - you will most likely not be charged for the replacement.

Where windows are fixed into wooden frames it is possible that over time the wood will rot and decay. Again it is the responsibility of the landlord to repair the frame or replace it. However, if you feel that the frame has rotted to such an extent as to pose a hazard to you or the public - for example if the glass pane is loose and liable to fall out - the landlord has a duty to take action under their property safety remit. In the event that your landlord is unresponsive to your requests to repair / replace the frame, contact your local authority for advice.