What happens when you discover non-compliances on a stove installation. It’s always a disappointing situation having to deliver bad news. The customer may well have been happily using the fire, oblivious to the problem and the potential safety issues, and now you’ve told them it’s dangerous and not to use it.
The first port of call should be the installer. If the problems are to be rectified, the installer needs to have the first opportunity to do so. If for some reason there are problems with this approach, the next step is usually with the Competent Persons Scheme (CPS) that registered the installer (if they weren’t registered with a CPS then the only recourse would be through Trading Standards and court).
The CPS may need to get information from both parties and then come to a decision about what should happen. If there are compliance issues, then obviously the CPS will need to demand the installer puts things right.
But what happens if the installer is no longer trading? Many people working in the solid fuel industry seem to think this is simply unfortunate for the customer and it’s the end of the road as far as getting things put right. But that’s not necessarily the case. In order to trade, Competent Persons Schemes must observe a set of legal conditions. In the case of an installer who has ceased trading the relevant condition is Section 17 of the ‘Competent Persons Self-Certification Schemes – Conditions of Approval.
Section 17 states: Scheme operator to ensure consumers are provided with appropriate financial protection to put work to dwellings right, which is non-compliant with the Building Regulations, where the original installer cannot do so (because they are no longer trading)
You’d need to look at the particulars of the notes in section 17 as there are some caveats, but in general it states that with respect to scheme operators and registrants who are no longer trading: Financial protection must be provided for a minimum of six years from the date of completion for work to dwellings.
So, in most situations of non-compliance in a dwelling where the installer is no longer trading, the CPS is responsible for making good the issues for up to six years from the date of completion of the work.
If you are assisting a customer with pursuing a non-compliant situation and the installer is no longer trading, you should review these conditions and in particular section 17. Go to www.gov.uk and search ‘competent persons schemes conditions’.
