Should I Retain My Boiler Documents?

Enquiries is a stage in the conveyancing process where the purchaser’s solicitor will review the draft contract papers and raise any concerns they may have in the form in enquiries. It is common to see an enquiry regarding the boiler installation or any services carried out in respect of maintenance.

This is very much so for a safety issue. In current affairs, there has been a highlighted importance of ensuring that any gas appliances, namely boilers are in safe working condition when purchasing a property.

What does the law say?

Following a change of legislation in April 2005, it is now a legal requirement for property owners to obtain a Building Regulation Completion Certificate for the installation of any new gas operated appliances.

By obtaining as such, you are likely to obtain a buyer for your property, quicker. The certificate serves as a vouch of safety that the likelihood of any issues arising will be slim. Furthermore, it will ensure that it is compliant and signal to potential purchasers they will not run into any expected problems which could be costly, post completion.

A certificate will also evidence to the local

authority governing the property, the appliance is safe. If intervention is needed if the boiler becomes unsafe, it could result in a large penalty.

Servicing:

Whilst it is beneficial if a boiler has been issued a certificate, it does not serve confirmation that at the time of the completion, the boiler is safe. Many solicitors follow their enquiry requesting a recent service record.

While there is no legal requirement to supply this, it will allow you to lock into the best sale. It evidences that a certified Gas-Safe engineer has visited the property and confirmed that it is compliant with all current regulations. This is usually completed on an annual basis to confirm it remains in a good working order. It serves as a security to the purchaser that they should not expect any issues pertaining the boiler. It is sometimes common to see breaks in the servicing but if you have none, the purchaser may insist on a current inspection to be carried out.

Lost your documents?

Depending on when the property was purchased, we advise the first step is to contact the solicitors who assisted with the purchase. If it was within the last six years, they should still have your file but may charge a small fee for it to be retrieved from archives.

If all else fails, the Gas Safe website will allow you to request this, usually for a fee.

If your boiler was installed after April 2005 and you are unable to provide any such documentation. An indemnity policy can be obtained to indemnify against action pursued by the legal authority. However. an indemnity policy does not provide any assurance that the boiler is safe and in full working order as a completion certificate does.

If you do intend to obtain an indemnity policy, please refrain from contacting your local authority and advising them of the issues as this will make any indemnity policy in regards to the issue, void.

Whilst annual inspections are not a legal requirement and they can be refused, it serves as a positive assurance. It may be worth arranging an inspection to increase interest in the property.

Should I purchase a property without a certificate?

Caveat emptor or more commonly referred to as in English, buyer beware. This is the understanding that the onus is on the buyer to inspect the property and ensure it is structurally and legally fine before committing to an exchange of contracts.

Whilst your solicitor will raise enquiries, if you have any specific concerns, please highlight these to your solicitor who will be able to then seek clarification.

All circumstances and properties differ, if the vendors do not hold a gas safe certificates, your solicitor will be able to advise you accordingly as how to best proceed.

Please contact us if you need help.

Can this cause delays?

It can be difficult to predict if there is going to be a delay due to a lack of documents as it can be dependent upon numerous factors.

There are many different solutions to such enquiries, your solicitor can advise you as to what the best options are in your circumstances.

If an indemnity policy can be agreed, these can usually be delivered fairly quickly and can minimise any potential for delays. Although inexpensive, it needs to be mutually agreed who is to bare the burden for the price of the policy.

If you have any concerns about selling your property, please contact us for more help.