Q: I’ve just discovered that I don’t have a boiler installation certificate for the new build house I bought 7 years ago. I called developers and they said the installation contractor has since gone out of business and as it would have been the contractor who issued it, they can’t do anything about it. Will this be a problem if I want to sell?
A: In England and Wales, all gas boilers and installations, along with any other heat producing appliances, need to be registered at the Local Authority to meet with Building Regulations. This applies whether the boiler is installed in a new build or a private home, and failure to comply may result in complications when selling, especially if there is no building regulation certificate for the boiler.
So, if it was registered you should be able to see the installation on both the Gas Safety website and the council records. That said, it is not uncommon for a boiler installation certificate to be missing, particularly on new build properties, and this often does not come to light until the property is being sold and it is discovered during the conveyancing process. The reason is usually that the gas safety engineer simply forgot to register it at Gas Safety. So if you’ve found that your boiler installation certificate is missing, you’re certainly not alone.
If this is the case, there are two options. The first option is to gain a Retrospective Building Regulation Compliance Certificate. This is sometimes referred to as a retrospective boiler installation certificate, and it allows you to demonstrate compliance even after the fact. However, this will involve engaging the services of a Gas Safe registered engineer to inspect the boiler and sign off the installation or, if there is an issue, make good and reinstall the boiler. For those asking how to get a boiler installation certificate after the work has already been done, this is the correct route.
The second option, more popular, option would be to take out boiler indemnity insurance. A boiler indemnity insurance policy is often requested by buyers or lenders when the original certificate is missing, and it covers the risk of enforcement action by the local authority, not repair or replacement costs. This would be a policy that protects against losses for the local authority enforcing the removal of the boiler due to there being no registration certificate. This would however not provide cover for gas boiler replacement costs. Your conveyancing solicitor can arrange this cover for you.
This question has been answered by Hywel Jones, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
