Water Leak in Bathroom Ceiling Flat

Mac_Sami

Wasn't sure where to post this one, as it covers a few different issues!

I live in a new build flat shared ownership property, and last night damp appeared on the bathroom ceiling, from the water pipe that runs above the ceiling. I'm fairly confident it's not from the flat above, as I've spoken to the residents and we had a good look to make sure. I shut the water off at the stop !!!! as a precautionary measure, and noticed when I put it back on this morning to use some water, the damp patch reappeared - so clearly there's a leak in the pipe somewhere...

The Housing Asocciation sent someone out this morning to look at the problem - he said he would need to put a hole in the ceiling to see the leak and fix it. The Housing Association then dropped a bombshell by saying to him that he can't fix it, as it's my responsibility and they don't get paid for it etc etc.

All very well and good, but my defect period ends later on this year. They argue it ended last year. I have paperwork confirming it ends later on this year. They said they'll get back to me.

This struggle to agree over whether this repair is covered is costing me time and money (i.e. I'm not at work), and damage to my flat (i.e. a ceiling that, even if the leak stopped, still needs repair).

I have contents insurance, and the flat has buildings insurance - the buildings insurance being provided for all flats in this development.

The real reason the HA are taking time to resolve this is because the developer, who would be the person / people to fix this problem, went belly up last year and are in receivership. My guess is that they don't know what to do now, and it's been inferred that powers higher up the chain are suggesting pressure is put on to have these defects resolved by the homeowners, despite them being within the defect period.

I need to get this fixed - but what's my best route? Do I just call out a plumber to fix it, and then a plasterer / painter to fix the new hole in the bathroom ceiling? Can I claim this on the buildings insurance, although I don't hold the buildings insurance.

Don't get me wrong - if this squarely sits with me having to pay it, I'm happy to do it. But my understanding was that it should be fixed in the defect period, and even if not, what's the buildings and/or contents insurance for in this case?

Any advice much appreciated.

cogito

Under a building contract, it's customary for there to be a percentage of the contract price withheld until the end of the defects period to cover precisely this sort of scenario so it's likely the someone, possibly the HA, is sitting on a pile of cash which could be used to meet these repairs. Defects periods tend to last a maximum of 12 months.

Also, there is likely to be an NHBC warranty which will cover building defects for up to 12 years so even if the defects period has expired, the warranty should be there to fall back on.

The buildings insurers can only assist to the extent of repairing damage caused by the defect but not for repairing the defect itself.