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  • FIRST POST
    • *Kat*
    • By *Kat* 2nd Oct 17, 5:17 PM
    • 1,744Posts
    • 619Thanks
    *Kat*
    Snagging issues in new build
    • #1
    • 2nd Oct 17, 5:17 PM
    Snagging issues in new build 2nd Oct 17 at 5:17 PM
    I moved into my house just under two years ago.

    I paid a surveyor last week to provide me with a snagging issues report. This included a lot of 'defects' (listed below). I sent this to the builder, and they responded saying that they wouldn't do any remedial work inside the home as it's 'wear and tear' - my shower screen doesn't open and close properly (this just started before the surveyor came out), but IMO, it's a manufacturing fault. I'd expect my shower screen to last more than 2 years for example.

    I went back to the surveyor and asked them if they thought this was general wear and tear or defects. They said that 95% of the errors in my home were defects and fell below the building regs/standards, not wear and tear.

    Master bedroom only

    Findings
    On inspection the following faults were found to have been completed below an Industry Standard
    finish consistent with Building (Scotland) Regulations 2004 and Construction (Design and
    Management) Regulations 2007/2015.
    • Plaster uneven and waved to walls and ceiling,
    • Wall/ceiling emulsion finish shaded and uneven and marked
    • Entrance door opening uneven not in uniform
    • Entrance door loose at keeper back plate missing
    • Skirting has noted nail pop marks wall seal split below radiator
    • Skirting butt jointed instead of mitre
    • Architraves nail popped, mitre joints open
    • Radiators secured to wall off level
    • Wall sockets secured off line out of uniform
    • Window sip slopes inwards to room
    • Wardrobe door openings not uniform
    • Doors on left side bind and do not close
    • Glass panels marked
    • Shelving center support screw caps missing

    Bathroom:

    Findings
    On inspection the following faults were found to have been completed below an Industry Standard
    finish consistent with Building (Scotland) Regulations 2004 and Construction (Design and
    Management) Regulations 2007/2015.
    • Plaster uneven and waved to ceiling with noted nail pops
    • Ceiling emulsion finish shaded and uneven
    • Entrance door opening uneven not in uniform hinges proud of plate
    • Entrance keeper back plate missing
    • Entrance door loose at keeper
    • Architraves have noted nail pop
    • Basin pedestal no mechanical fixings at floor fix
    • Bath panel not secure fixed with no support timbers not sculpted to wall finish
    • Radiator secured to wall off level
    • Window frame seal incomplete, cracks noted to window reveals
    • Window catches at bottom opening
    • Mirror backing damaged at upper ceiling edge
    • Over paint on ceiling down lights
    • Shower plinth screw cap missing
    • Window catches on bottom opening

    Stairs:

    Findings
    On inspection the following faults were found to have been completed below an Industry Standard
    finish consistent with Building (Scotland) Regulations 2004 and Construction (Design and
    Management) Regulations 2007/2015.
    • Plaster uneven and waved to walls and ceiling with noted cracks
    • Wall/ceiling emulsion finish shaded and uneven
    • Upper floor first floor skirting has noted nail pops
    • Stairway balustrade and newel posts indented and marked
    • Galleried handrail newel post secured in off square position
    • Upper window sash catches at bottom opening
    • Architraves have noted nail pops
    • Skirting mitres open with noted nail pops
    • Ceiling finish at loft access hatch open and insecure fixed
    • Radiator secured to wall in off level position
    • Bottom radiator ok
    • Stair stringer bead cracked at wall finish
    • Main entrance door opening not in uniform
    • Skirting insecure fixed and away from wall
    • Door reveals cracked at upper edge

    The other rooms are similar.
    Weight loss to date: 7lbs
    Money made selling junk on ebay : £87.93

Page 1
    • ProDave
    • By ProDave 2nd Oct 17, 5:24 PM
    • 319 Posts
    • 390 Thanks
    ProDave
    • #2
    • 2nd Oct 17, 5:24 PM
    • #2
    • 2nd Oct 17, 5:24 PM
    These are snags you should have noted immediately, not after 2 years.

    I believe after 1 year, they are only responsible for major defects, and even then you will have a hard time getting things fixed.

    Re decorate, fix the imperfections, move on with your life.
    • aneary
    • By aneary 2nd Oct 17, 5:29 PM
    • 619 Posts
    • 466 Thanks
    aneary
    • #3
    • 2nd Oct 17, 5:29 PM
    • #3
    • 2nd Oct 17, 5:29 PM
    How can they say the rads that aren't level are wear and tear?????

    I would go back again to the builders, with your surveyor's confirmation that this is not wear and tear. Make sure you write, I'd be tempted to send an email copy of the letter to the CEO of the company and then also send emails to watchdog and the likes.
    • *Kat*
    • By *Kat* 2nd Oct 17, 5:31 PM
    • 1,744 Posts
    • 619 Thanks
    *Kat*
    • #4
    • 2nd Oct 17, 5:31 PM
    • #4
    • 2nd Oct 17, 5:31 PM
    These are snags you should have noted immediately, not after 2 years.

    I believe after 1 year, they are only responsible for major defects, and even then you will have a hard time getting things fixed.

    Re decorate, fix the imperfections, move on with your life.
    Originally posted by ProDave
    Thanks ProDave for your helpful response. FYI:

    You can only claim under the builder warranty (as described below) during the builder warranty period. This is 2 years from the completion date for your home - except for common parts, where it is 3 years from the first completion date for the homes which share the common parts and which are protected by Buildmark or similar protection we provide.
    Weight loss to date: 7lbs
    Money made selling junk on ebay : £87.93

    • *Kat*
    • By *Kat* 2nd Oct 17, 5:34 PM
    • 1,744 Posts
    • 619 Thanks
    *Kat*
    • #5
    • 2nd Oct 17, 5:34 PM
    • #5
    • 2nd Oct 17, 5:34 PM
    How can they say the rads that aren't level are wear and tear?????

    I would go back again to the builders, with your surveyor's confirmation that this is not wear and tear. Make sure you write, I'd be tempted to send an email copy of the letter to the CEO of the company and then also send emails to watchdog and the likes.
    Originally posted by aneary
    Thanks Aneary - I don't much care for the paintwork etc, but I expect my window sils not to be leaning inwards and my radiators to be level...IDK, maybe i am being picky about wanting uniform wardrobe doors, but I paid a lot for my house, so I expect it to be perfect, even after 23mths... xx
    Weight loss to date: 7lbs
    Money made selling junk on ebay : £87.93

    • davidmcn
    • By davidmcn 2nd Oct 17, 6:06 PM
    • 5,934 Posts
    • 5,691 Thanks
    davidmcn
    • #6
    • 2nd Oct 17, 6:06 PM
    • #6
    • 2nd Oct 17, 6:06 PM
    Is this the first discussion you've had with them about snagging?
    • chappers
    • By chappers 2nd Oct 17, 6:24 PM
    • 2,708 Posts
    • 1,533 Thanks
    chappers
    • #7
    • 2nd Oct 17, 6:24 PM
    • #7
    • 2nd Oct 17, 6:24 PM
    Why have you waited until month 23 to highlight these things to the developer, I would expect there to be a proper snagging period written into the sale, usually 6 months. You should have highlighted these things to the developer immediately.

    I think you will be on a hiding to nothing here, how do they know you haven't tried your own hand at a bit of DIY and cocked all these things up.
    I have developed numerous properties and carried out snagging at my own expense within the stated snagging notice period, if you came to me 2 years later I would be asking why these things weren't brought to my attention earlier and tell you to take a running jump
    Last edited by chappers; 02-10-2017 at 6:44 PM.
    • ComicGeek
    • By ComicGeek 2nd Oct 17, 8:46 PM
    • 213 Posts
    • 154 Thanks
    ComicGeek
    • #8
    • 2nd Oct 17, 8:46 PM
    • #8
    • 2nd Oct 17, 8:46 PM
    Sounds to me like your surveyor was trying to justify their fee by trying to manufacturer a long list. I can't see anything on there that would be covered under Building Regs, it's all finishing items that should have been identified as soon as you moved in 23 months ago.

    Screw caps missing after 2 years?? Really?? If you want to be taken seriously by the builders you really need to take the ridiculous ones off the list and leave just the real issues. Otherwise you'll sound like a nightmare client, and they'll just ignore you.
    • *Kat*
    • By *Kat* 2nd Oct 17, 8:57 PM
    • 1,744 Posts
    • 619 Thanks
    *Kat*
    • #9
    • 2nd Oct 17, 8:57 PM
    • #9
    • 2nd Oct 17, 8:57 PM
    Why should they have been identified when we moved in, why is it NOT okay that they've been identified within our two year warranty? I waited because I didn't want to get the survey done earlier as they'd say that the house is still settling so they wouldn't do anything about it, which is why I waited. And it's a good thing I did, there are a lot of issues on the outside of our house that maybe wouldn't have been noticed if we'd had it done sooner.
    Weight loss to date: 7lbs
    Money made selling junk on ebay : £87.93

    • ComicGeek
    • By ComicGeek 2nd Oct 17, 9:24 PM
    • 213 Posts
    • 154 Thanks
    ComicGeek
    Because the majority of the items listed are finishing issues, and that's not what the 2 year warranty covers. They may have been there on day 1, you may have caused them on day 600 - if you don't raise them when as soon as you move in I can't see how you can make the developer cover it now. You've lived in the house for 2 yrs now, it's bound to have some wear & tear.

    There are some items on the list that are legitimately covered by the 2 year warranty (i.e. fixings for basin, shower door, issues with windows) - but you need to separate the real issues from the unrealistic demands.

    Your surveyor should be advising you better - when I'm doing my site inspections I think it's important to inform the client about what is realistic to include. There hasn't been any adjustment to the list for the 23 months of occupation.
    • chappers
    • By chappers 2nd Oct 17, 11:46 PM
    • 2,708 Posts
    • 1,533 Thanks
    chappers
    There are some items on the list that are legitimately covered by the 2 year warranty (i.e. fixings for basin, shower door, issues with windows) - but you need to separate the real issues from the unrealistic demands.
    Originally posted by ComicGeek
    But they are not, the warranty covers the fabric of the building, walls, roof, structure, services etc. The two year period is the period that the developer is responsible for these issues after that period the insurer is responsible for warranty issues.
    All of these issues should have been notified as they happened.
    The OP has mentioned settlement, that is why there is a stated snagging period, usually 6 months at which point all theses things should have been notified, there may even have been a retention in the contract to cover this. I would go back and check your contract and see what it said about snagging, as all of your issues are snagging and not warranty work, maybe with the exception of the windows.

    An extract from the buildmark policy
    Who to contact
    Contact the builder and tell them if you think they failed to meet the NHBC requirements when building your home or when preparing your land. You must do this as soon as you reasonably can. We recommend that you do this by email or letter and that you keep a detailed record of what you said, and who you wrote or spoke to and when.
    • chappers
    • By chappers 2nd Oct 17, 11:47 PM
    • 2,708 Posts
    • 1,533 Thanks
    chappers
    There are some items on the list that are legitimately covered by the 2 year warranty (i.e. fixings for basin, shower door, issues with windows) - but you need to separate the real issues from the unrealistic demands.
    Originally posted by ComicGeek
    But they are not, the warranty covers the fabric of the building, walls, roof, structure, services etc. The two year period is the period that the developer is responsible for these issues after that period the insurer is responsible for warranty issues.
    All of these issues should have been notified as they happened.
    The OP has mentioned settlement, that is why there is a stated snagging period, usually 6 months at which point all theses things should have been notified, there may even have been a retention in the contract to cover this. I would go back and check your contract and see what it said about snagging, as all of your issues are snagging and not warranty work, maybe with the exception of the windows.

    An extract from the buildmark policy
    Who to contact
    Contact the builder and tell them if you think they failed to meet the NHBC requirements when building your home or when preparing your land. You must do this as soon as you reasonably can. We recommend that you do this by email or letter and that you keep a detailed record of what you said, and who you wrote or spoke to and when.
    • Lucky Duck
    • By Lucky Duck 3rd Oct 17, 9:09 AM
    • 74 Posts
    • 34 Thanks
    Lucky Duck
    I'm intrigued by the reference to the CDM regulations which, as far as I know, have absolutely nothing to do with the issue in hand here!
    • ComicGeek
    • By ComicGeek 3rd Oct 17, 10:43 AM
    • 213 Posts
    • 154 Thanks
    ComicGeek
    The 2 yr warranty would cover incorrectly installed basin and shower, provided that it's not an issue due to wear and tear or poor maintenance. Similarly with the windows. No definition of 'reasonably can', possible that it takes up to 2 yrs for these faults to become known.

    The rest of the list is not valid. The OP, or more importantly their surveyor, hasn't helped themselves by listing lots of non applicable issues. Just makes it too easy for the developer to reject it all.
    • chappers
    • By chappers 3rd Oct 17, 8:36 PM
    • 2,708 Posts
    • 1,533 Thanks
    chappers
    NHBC obfuscates the issues by stating that things have to be to NHBC standards yet doesn't say what they are, whereas most other warranties states to building regulations, which makes it much clearer. if it's not something governed by BR then its between you and the developer and not covered by the warranty
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