Question 1

Replacing Windows

Accepted Answer

Replacing Windows Q: Can you offer any advice to us with regards to replacement windows for the flats in our block? Our lease shows that they are our responsibility, but the restrictions in place (I’m unclear if these are from the freeholder or the council) are proving incredibly difficult for us to get replacements. Do we have a case to request that uPVC could be used in place of aluminium? The thinner profile of aluminium framework that is currently in place (from the build of the block) is no longer something that can be supplied, so any new aluminium framework would be a thicker profile, in line with the 70mm standard of uPVC. Plus the energy ratings would be better using uPVC over aluminium. I’ve just had a costing for replacements and they’ve said that there isn’t a product they could supply that has an energy rating suitable unless we could use uPVC. FPRA Chairman Bob Smytherman replies: I give a practical response rather than a legal one. In terms of responsibility it would seem to me that it is for each Leaseholder to replace the windows when required and the lease would seem to require any replacement to be carried out with ‘like for like’. As you have highlighted, it is simply not possible to replace completely like for like due to the originals no longer being available. In this circumstance it would seem reasonable to me for each replacement to be carried out with as close to the original design and materials as possible. The replacement would certainly need to meet the FENSA requirements for building regulations and receive necessary planning consents from the council. My advice would be to contact a reputable local supplier to request a quotation to meet the above requirements. Before instructing them I suggest first establishing whether the proposed replacement would be acceptable with the council. If they agree in principle that planning consent would be granted then I suggest sharing this with managing agent to receive landlord’s consent. Once consents have been granted then you will be free to instruct installation or seek alternative quotations based on the agreed design and materials. [Submitted March 2019]

Question 2

Replacing Windows

Accepted Answer

Replacing Windows Q: Can you offer any advice to us with regards to replacement windows for the flats in our block? Our lease shows that they are our responsibility, but the restrictions in place (I’m unclear if these are from the freeholder or the council) are proving incredibly difficult for us to get replacements. Do we have a case to request that uPVC could be used in place of aluminium? The thinner profile of aluminium framework that is currently in place (from the build of the block) is no longer something that can be supplied, so any new aluminium framework would be a thicker profile, in line with the 70mm standard of uPVC. Plus the energy ratings would be better using uPVC over aluminium. I’ve just had a costing for replacements and they’ve said that there isn’t a product they could supply that has an energy rating suitable unless we could use uPVC. FPRA Chairman Bob Smytherman replies: I give a practical response rather than a legal one. In terms of responsibility it would seem to me that it is for each Leaseholder to replace the windows when required and the lease would seem to require any replacement to be carried out with ‘like for like’. As you have highlighted, it is simply not possible to replace completely like for like due to the originals no longer being available. In this circumstance it would seem reasonable to me for each replacement to be carried out with as close to the original design and materials as possible. The replacement would certainly need to meet the FENSA requirements for building regulations and receive necessary planning consents from the council. My advice would be to contact a reputable local supplier to request a quotation to meet the above requirements. Before instructing them I suggest first establishing whether the proposed replacement would be acceptable with the council. If they agree in principle that planning consent would be granted then I suggest sharing this with managing agent to receive landlord’s consent. Once consents have been granted then you will be free to instruct installation or seek alternative quotations based on the agreed design and materials. [Submitted March 2019]

Replacing Windows

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