BLOGS

A very common enquiry conveyancers receive on the sale of a property is: “When was the boiler installed and please provide the installation certificate?”

Some clients can provide the date and the certificate, some can provide the date but not the certificate and some cannot answer either. Why does this matter and why do conveyancers ask the questions?

Well, whilst planning permission is not required if you wish to install or replace a boiler (although it may be if your property is a listed building or install a boiler that requires a flue to be installed as well), buildings regulations approval is required and many homeowners do not realise this.

First, what is the difference between planning permission and building regulations?

Planning

Planning permission is designed to preserve the area in which the building is located as when changes are made to properties, the impact is felt not only by the homeowner but neighbours, the public etc. planning therefore controls development and the appearance of the same.

Building regulations

Building regulation is designed to ensure that buildings are constructed or alterations are done safely, accessibly and are energy efficient.

It therefore makes sense that installing a new boiler or heat producing appliance would require building regulations but not planning permission.

What is required?

In 2005, it became a requirement that property owners have to obtain a building regulation completion certificate for the installation of any new heat producing appliances e.g. a boiler, cooker, fire etc. to certify that the installation complied with the building regulations at the time and is a safe installation.

The simplest way to comply with boiler building regulations is to employ an engineer registered under the “competent person scheme” to install your new appliance. This means that the engineer can carry out the works and can self-certify that the works comply with buildings regulations rather than you having to apply for buildings regulations approval. The engineer will then notify the local authority within 30 days of installation at which point a compliance certificate will be issued which you should keep safe. If an installation certificate is not obtained at the time of the installation, it could cause issues later down the line when it comes to selling the property.

Gas boilers must therefore now be installed by a Gas Safe Registered installer and any installations notified to the Gas Safe Register. Prior to 2009, notifications had to be notified to Corgi and would appear on the Corgi register.

Oil fired boilers must be installed by an installer registered under one of the Competent Person Schemes and the installation certificate will appear on the OFTEC register.

What can you do if you are selling a property but cannot find your boiler documentation?

There are a number of reasons why you may not have an installation certificate, for example, if it was installed by a “competent person” but they didn’t register the same, it was not installed by an accredited installer or you have lost the certificate.

If you do not have the certificate but you know you once did, this is not such a problem as the certificate could be revealed in the buyer’s local search (which is sufficient evidence with compliance with building regulations) and will reassure the conveyancer/buyer that the boiler was safe at the time, it is just the certificate is missing.

If you do not know where the certificate is or if you ever had one, you could review the paperwork you were provided when you purchased the property if the boiler was installed prior to you owning it.

If you still cannot find the certificate, you may be able to take out a suitable indemnity insurance policy to cover against the lack of buildings regulation consent.

What should you not do?

You should not make any approaches to the local authority or third parties in relation to your missing boiler installation certificate as this could then hinder or prevent you from obtaining an indemnity insurance policy.

On the other hand… What can you do if you are buying a property and have concerns about the boiler?

Conveyancers will often, in addition to requesting the installation certificate for the boiler, request that an up to date boiler service report is also provided at the cost of the seller as this is the document that will confirm the appliance remains in good working order and is safe to use. However, annual inspections and services are not a legal requirement and you do not have to comply with any requests made to have the boiler tested.

As we all know, boilers are expensive and as a buyer, a common phrase used is “let the buyer beware” or “caveat emptor”. This means you should inspect the property including the fittings and contents you are buying to ensure it is safe. A buyer can also have the boiler serviced at their own cost (if agreed by the seller) prior to exchange of contracts but of course, if the transaction does not proceed, the buyer would have spent money on a boiler belonging to someone else.

Who knew boilers could be so complicated… stay tuned for series 2 – windows, doors and roof lights.