Notifiable Work

Remember to let your customers know that if they are considering extending or altering their property in any way, they must obtain planning permission from their local authority.

Before you install any replacement glazing, check to see if the work must be notified to Building Control:

General:

Where windows and doors are completely replaced (as opposed to repaired) in existing dwellings, they must comply with the relevant Building Regulations. This applies regardless of whether the installation work is being installed by a company or as a DIY project.

Flats:

If the property is a Flat, some local authorities do require planning permission before changing windows in flats and maisonettes. FENSA advises that you check with the relevant local authority before entering into a contract. Once planning permission is granted a FENSA registered installer can register the installation for certification purposes.

Listed Buildings:

If the homeowner lives in a property that is a Listed Building and wish to replace their windows this would fall under the Jurisdiction of the relevant Local Authority therefore planning permission would be required and the installation cannot be registered with FENSA.

Doors:

Doors with less than 50% glazing do not require registration.

Caravans and Holiday Chalets:

If the homeowner lives in a caravan or a holiday chalet permanently, it can be FENSA Registered. However the homeowner must have a separate postal address which has been registered with the Royal Mail. If the homeowner do not occupy this for more than 10 months of the year, this falls within the jurisdiction of the Local Authority and a Building Notice is required.

Decorative Effects:

  • The requirement of the Regulations specifies the overall performance of the window, or the glass.
  • There are no exclusions for decorative effects.

Trickle Vents:

  • The Building Regulations Approved Documents N (Safety Glazing) and L (Thermal Insulation) are prime requirements for replacement windows and doors. Other elements of the Building Regulations A (Structure), F (Ventilation), B (Means of escape), J (Combustion Appliances and Fuel Storage Systems), M (Disabled Access) must not be compromised by the replacement installation.

Compliance with the Gas Safety (Installation and Use) Regulations 1998 is essential:

  • If there is any doubt about the original compliance with the Regulations, the installer must collect evidence of the features of the original installation. It may be that ventilation in the ‘partially open’ position will be acceptable in some circumstances (see the guidance in Approved Document F (Ventilation)). However, it will be good practice to offer trickle ventilation to customers to improve ventilation and help with the control of condensation. If there is any doubt about achieving compliance with regard to any of these matters, the installer should contact their local Building Control Department.

Bay Windows:

  • Bay windows are included in the FENSA Scheme. This means that FENSA registered companies are able to certify and must ensure that bay window installations meet Building Regulations and do not compromise the load bearing ability of the bay. Therefore all appropriate poles and spreader plates must be in place to ensure conformance.
  • How many ‘windows’ is a bay window? A bay window is a multi faceted structure including mullions. Please note that for the purpose of the FENSA Scheme a bay window is registered on the database as one window.
  • How many ‘doors’ is a patio door? A patio door is made up of one facet and therefore = 1 door
  • Bay windows and inspection Bay windows are included in the inspection process. During installation inspections will include checking for steel reinforcements and header and spreader plates.

Garage Windows:

When garage windows are fitted into an unheated area, which is not part of the house, the windows need not comply with the Building Regulations Approved Document L (Fuel Conservation). However, you may decide to standardise your product range and the information supplied with all windows, in order to reduce variations and specials.

Installations in Scotland and Northern Ireland

When trading across border into Scotland and Northern Ireland, are the FENSA detailed requirements to be supplied and are the Regulations/Standards the same or different?

FENSA applies to the replacement windows and doors to the Building Regulations for England and Wales. The Building Standards for Scotland and Northern Ireland are different.

Not notifiable

Homeowners do not need to have their work installed and registered by a FENSA registered installer under the instances below. In these cases, homeowners are required to go through the relevant Local Authority Building Control process.

Summary list of window and door installations not notifiable to Building Control through FENSA

  • New Builds
  • New Extensions
  • Commercial Properties
  • Listed Buildings
  • Doors with less than 50% glazing
  • Refurbishment on non-dwellings
  • Holiday Chalets (see above)
  • External Porches
  • Conservatories
  • Communal Areas
  • Installations in Scotland, and Northern Ireland
  • Garages
  • Lean To’s
  • Rooms where the use has been changed (e.g. bathroom converted into bedroom, new loft conversions)
Back to Top
What is FENSA?

FENSA stands for the Fenestration Self-Assessment scheme. It has been set up by the Glass and Glazing Federation (GGF) and other industry bodies, with Government encouragement www.communities.gov.uk, in response to new Building Regulations.

Back to Top
What are the new Regulations?

The Government’s Approved Document L (Fuel Conservation) complementing the new energy efficiency regulations, was issued on 31 October 2001. It extends Building Regulations to cover replacement window and door installation from April 2002, when all installers and buyers of replacement windows and doors will be expected to comply with improved energy efficiency requirements. One of the main drivers is the need to reduce heat loss in order to conform to more stringent energy efficiency targets. Glass products will be expected to have lower heat loss, measured by their “U” value.

Back to Top
How will the Regulations affect installers?

They involve more stringent specifications for the products used. In addition, all installations will be subject to inspection by Local Authority Building Control, unless arrangements for self-assessment have been made. With the annual rate of replacement installations running at approximately 2 million, inspection of each installation would cause a major bottleneck if channelled through the normal Building Control route.

Back to Top
What has to be certified?

Where a window or windows is/are completely replaced (as opposed to repaired) in existing dwellings, they must comply with Approved Documents Parts L1 and N (safety in relation to impact). In addition, the building should not end up with a worse level of compliance with respect to other applicable parts of Building Regulations, which includes Parts A (Structure), B (means of escape in case of fire) F (ventilation), J (combustion appliances and fuel storage systems) and M (access for the disabled).

Building Regulations for replacement windows state that “The situation must be made no worse than the outgoing windows” for example if the outgoing windows contained trickle vents the new placement windows must include them there are no exceptions, the window openings must be the same or better than the outgoing windows the openings cannot be made any smaller. Side window openings cannot be replaced by top openings over fixed windows.

Windows and doors in critical locations ie Windows below 800mm from floor level and doors where the glass comes within 1500mm of the floor level to the start of the glass must contain safety glass (toughened or laminated) and must include the relevant safety mark clearly visibly to comply with Building Regulation N.

Compliance with the Gas Safety (Installation and Use) Regulations 1998 is also essential.

FENSA does not apply to commercial premises or New Build properties/extensions. In both of these instances you are required to go through the Local Authority Building Control process. If your property is a Flat then planning permission may be required before replacing your windows therefore it is advisable to check this with the planning Department of your Local Authority, if planning permission is required a FENSA registered company can register the installation for certification purposes. If you live in a property that is a Listed Building and wish to replace your windows this would fall under the Jurisdiction of the relevant Local Authority therefore planning permission would be required and the installation cannot be registered with FENSA.

Doors with less than 50% glazing do not require registration.

FENSA also does not apply to caravans/holiday chalets if they are not occupied for more than 10 months of the year these fall within the jurisdiction of the Local Authority and therefore a Building Notice is required. If however they are permanently lived in they can be FENSA Registered however they must have their own postal address which has been registered with the Royal Mail.

Back to Top
How can FENSA help?

By joining FENSA, companies can self-certify their installations. They can therefore avoid the costs and potential delays of Building Control procedures. A small sample of their installations will be inspected by FENSA-appointed inspectors to ensure standards are being maintained. FENSA will also inform local authorities of all completed FENSA installations, and issue certificates to householders confirming that the installer self certifies compliance.

Back to Top
Why is insurance required?

FENSA Registered Businesses are required to have in place for their customers the two categories of insurance stated below. It is a government requirement that companies must have this insurance in place.

If Registered Businesses take deposits in advance of installations, they must give some form of deposit indemnity. Deposits may be guaranteed by, for example, trade association Deposit Indemnity schemes, or credit card protection.

A Registered Business must also give a guarantee or warranty covering the cost of completing rectification work in respect of defects and in the event of ceasing to trade, offer to back this guarantee with an independent insurance policy.

Back to Top
When must I offer an insurance-backed guarantee?

You should offer the consumer an insurance-backed guarantee before you start the installation. How and when you do this depends on your commercial procedures, and also on any requirements that your insurance provider may have.

Our understanding is that some companies may prefer to make this offer at the time of sale, whilst others may defer it until the order is confirmed. In some cases, your insurance provider may wish to make the offer themselves, since their staff are likely to be more qualified than your salespersons. Please consult your insurance provider and decide, in the light of their advice, when the offer will be made and by whom.

The basic requirement from FENSA is that the insurance-backed guarantee is offered.

Back to Top
How will the scheme work?

Once registered, companies will be required to certify that their work complies with the regulations, and inform a central FENSA database whenever they carry out an installation. The database will then be used as the source for certification to Local Authorities that installations have taken place, producing certificates for homeowners, and for subsequent reference, by solicitors doing search activities prior to house purchases.

Back to Top
How will inspection work?

Inspection will normally be carried out on 1% of each business’s installations, subject to a minimum of 2 per annum and a maximum of 100. In the event of failed inspections, businesses will be responsible for the costs of re-inspection, and the frequency of inspections will increase. FENSA works in partnership with Local Authorities countrywide.

Back to Top
Did you know that:
  • FENSA has to date, notified over 6 million installations to Local Authorities;
  • Local Authorities are given special access to the FENSA database on www.fensaonline.com to enable them to verify and check the details of installations in their district;
  • Local Authority Building Control departments and FENSA contact each other to share information on installations and queries relating to installers.
  • Local Authorities’ interpretation of the Building Regulations can differ as they incorporate other building control aspects such as overall insulation and thermal efficiency requirements;
  • Consumers may submit a complaint to FENSA about an installer that is not registered with FENSA. In this case, the installer will be reported by FENSA to the relevant Local Authority Building Control department for investigation;
  • Other non compliant installations carried out by non FENSA Registered Businesses are also reported.
© 2009 Glasstec Trade Windows. All rights reserved.