Commissioning Cert for Boiler Installation

[evedawn]

We ahve sold our house and buyers solicitor want a commissioning Cert for boiler.

We have a log book but no cert.

The Gent who installed it is no longer contactable and it appears his business as closed.

Gas Safe informed me the gent was certainly registered at the time of installation (his registration only expred two months back)

We will get this recommissioned retrospectively but wonder:


how long it will take to get a commissioning cert from local council.

or

If the new engineer can issue certificate himself?

[evedawn]

Any gas engineers in AB land today ? :)

[bednobs]

wouldn't it be simpler to say "no, sorry we don't have it, tough luck" The buyers have probably already shelled out money and wont want to lose the sale for the sake of the amount it would cost to get it done themselves

[evedawn]

Thanks for answer bedknobs. I was under the impression
Though that we would have no choice but to provide the cert. I was under impression that if we failed to provide it it may hinder things? Am I wrong? Could we simply have said to solicitor -" tough ... We don't have one"? I was thinking it was a legality to produce this?

[The Builder]

Eve, the boiler could have been installed at a time when no Certification was needed in law. It might not even be relevant.

If it is needed, simply contact another Gas Safe installer to give the boiler a current MOT.

I've answered your other Q about the Indemnity as well, if it's any help.

[evedawn]

Hi builder . Thanks for ur answer. The boiler was installed whilst we owned house (installed 19 months ago by gase safe reg eng) we did not even think at the time that we'd need a cert and thought that the log book was sufficient). We had a yearly gas safety check a few weeks back but no, the solicitors say that isn't sufficient. Grrrr .., they are so pedantic. Thanks again for ur answer ... Just gonna go check ur reply to the indemnity insurance q.

[The Builder]

I've lost count of the times selling solicitors have replied to me .......... "rely on your own investigations" ........ "the deeds are silent".......... etc etc.

There is no certificate. A current (written) thumbs-up from a qualified guy is as good as anyone could logically ask for.
Stand your ground on this one. The solicitor has done his job. The buyers will go ahead.
Good luck

[themas]

Are you sure your log book doesn't contain the commissioning certificate? I've just looked at mine. The log book was provided by the boiler manufacturer & the back of it is the commissioning certificate, including details of the commissioning procedure and signed by the installer.

[evedawn]

Yes there is a commissioning page but right at the bottom is a to y sentence saying that a copy needs to be sent to local building authority who then issue the certificate. This is doing my head in. We have provided a recent gas safety certificate and the log book. We don't have a certificate from the day of installation

[evedawn]

The Buyers solicitors have just sent our solicitors an email saying that we must either provide the certificate or we must state that the installIng engineer was unqualified. We we can do neither! We dOnt have the ****** cert but the eng was quAlified!!! This beggars belief. Why don't OUR solicitors simPly say : don't have it tough! Arggghhhh

[The Builder]

Hold on tight Eve. The other side will get the message eventually :o)))

[themas]

Can you get Gas Safe to confirm in writing that he was registered at the time. Then give that to them & tell them it's all they can have because there isn't anything else & no need for anything else!

[evedawn]

Hi- an update...still no exchange. Our buyer has agreed to indemnity ins. We gave the insurance in place
But ... The buyers solicitor has now got to check if lender (mortgage from bank) is ok with this! Is this normal? Pls see also my q about indemnity insurance for roof. Any help advice will be so appreciated!

[The Builder]

I know nothing is certain with mortgages these days, Eve. What I can say is that I've never heard of a mortgage co./bank not accepting it fully. :o)

[evedawn]

Thanks builder... Your advice is very much appreciated.

[evedawn]

The saga continues!! It appears that the lender doesn't req this cert (the buyer says she read her mortgage offer and nowhere does it ask for that). Buyer rang solicitor to say lender doesn't need this but solicitor still saying its needed! This is driving me nuts. I'm getting to the stage where I'm tempted to pull out of sale(but can't afford to financially !!!)

[evedawn]

Just to re-iterate.
A) the boiler was installed by gas safe registered engineer 19 months ago.
B) it has also had gas safety cert (a few weeks back by seperate co)
C) we have the log book filled in by installer

What we do not have is some sorta certificate fro
The local council saying that it was installed.

But solicitors ongoing about this cert. we r stuck!

Our sOlicitor feels buyers solicitor is being pedantic .
Buyer think her solicitors are being pedantic.
The boiler is safe .....

Just want to complete the blasted sale!!!!!
Gil

[themas]

Either your solicitor tells the other one to stop p*****g about, or the buyer does so. The solicitor is working for the buyer, & has to follow the buyer's instructions. So the buyer needs to give a clear instruction in writing to his solicitor that he requires the transaction to be completed without further delay & without the certificate. If the solicitor still refuses to act the buyer should inform him that he will report him to the Law Society for refusing to follow reasonable instructions from his client.

[evedawn]

Themas I love your answer and agree totally! Our solicitor should be fighting our corner ! Incidentally today we got a text from buyer who said she's put her foot Down with solicitor but that as solicitor already allerted bank (lender) to these "problems" with cert it now has to take its course with the bank and the the bank has to agree

but... It seems like this is purely protocol and the bank should give the go ahead. However ..,, I won't holdu breath!

[evedawn]

This still goes on! It's been weeks now! The only thing holding up the sale is a installation cert! Now the surveyors want this cert apparently! My q now is: if we remove the boiler completely and have an engineer re install thus (same) boiler and he then notifies gas safe etc ... Will that be legal! I'm almost ready to pullout of sale because of this!!!