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Thanks in advance for your time.
I purchased a residential property in October 2015. The property had recently been extended and had a final building inspection in July 2014. As part of the extension, the previous owner had installed a free standing wood burning stove himself. Whilst our survey had said that a HETAS certificate should be obtained, the previous owner submitted the final building inspection certificate which I believe was against the 2010 Building Regulations. Our solicitor at the time accepted this and we purchased the property.
We have since sold this property (26th January 2018) and as part of the deal we agreed to service the boiler and the wood burning stove. Two independent HETAS engineers both condemned the stove due to 1) not being installed on a plasterboard wall, 2) pipework was installed incorrectly, 3) discharge of the flue was too close to an opening window and 4) the pipework was incorrectly supported. We have not altered any of the wood burning stove or features in any way.
One of the HETAS engineers stated that the previous owner had tried to obtain a service certificate in September 2015 for the stove, however he was told of these defects at the time and had not declared these prior to the sale.
I have also been in touch with the building control who stated that although the fire safety parts of the 2010 regulations would have been looked at, they didn't not have the technical experience to inspect a wood burning stove.
I have started the small claims process against the previous owner for the cost of repairing the stove (£1500), which he is now defending. He has cited that the solicitor in 2015 was satisfied with the final building control inspection certificate.
My questions are; am I right in continuing to pursue the previous owner. Although the HETAS engineer told us that the previous owner knew of the defects, he is reluctant to provide a witness statement. Also, should the council/building control have requested a HETAS certificate prior to issuing the final inspection cert.
I'd very much appreciate any advice.
Best Regards
Mike
I purchased a residential property in October 2015. The property had recently been extended and had a final building inspection in July 2014. As part of the extension, the previous owner had installed a free standing wood burning stove himself. Whilst our survey had said that a HETAS certificate should be obtained, the previous owner submitted the final building inspection certificate which I believe was against the 2010 Building Regulations. Our solicitor at the time accepted this and we purchased the property.
We have since sold this property (26th January 2018) and as part of the deal we agreed to service the boiler and the wood burning stove. Two independent HETAS engineers both condemned the stove due to 1) not being installed on a plasterboard wall, 2) pipework was installed incorrectly, 3) discharge of the flue was too close to an opening window and 4) the pipework was incorrectly supported. We have not altered any of the wood burning stove or features in any way.
One of the HETAS engineers stated that the previous owner had tried to obtain a service certificate in September 2015 for the stove, however he was told of these defects at the time and had not declared these prior to the sale.
I have also been in touch with the building control who stated that although the fire safety parts of the 2010 regulations would have been looked at, they didn't not have the technical experience to inspect a wood burning stove.
I have started the small claims process against the previous owner for the cost of repairing the stove (£1500), which he is now defending. He has cited that the solicitor in 2015 was satisfied with the final building control inspection certificate.
My questions are; am I right in continuing to pursue the previous owner. Although the HETAS engineer told us that the previous owner knew of the defects, he is reluctant to provide a witness statement. Also, should the council/building control have requested a HETAS certificate prior to issuing the final inspection cert.
I'd very much appreciate any advice.
Best Regards
Mike
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