No NHBC Warranty for a "Converted" flat

MasterP

Hi Everyone,

I'm buying a new flat in a large house which is being converted into multiple flats by a local developer.

There is no NHBC warranty (the flat is classed as a conversion, even though the building is effectively being completely rebuilt).

The flat will be covered by an "Architect's Certificate" (saying building is structurally sound), and also the developer themselves will be liable for any "major defects" that occur within two years of purchase. Apparently these guarantees give me the right to sue either the architect or developer if certain problems occur (provided they haven't gone bust).

I've got two concerns here:

- The warranty seems frighteningly minimal for what is effectively a new building, and I've still got to sue people if things go wrong (and they also may no longer be trading)

- I'm unsure if the developer would be responsible for correcting the sort of "non-major" thing that frequently comes up with new homes (I'm thinking of things like minor damp, doors that need adjusting due initial building settling, leaking pipes etc)

My solicitor won't say whether the developer would be responsible for these non-major issues (for some reason she says I should consult a surveyor… but surely this is something that she should know from reading the contract of sale??)

I'm seriously considering pulling out, but I just feel that I don't have enough information to make a decision. Does this level of warranty seem normal to any of you? Am I just being paranoid and expecting too much? Is it normal for solicitors to be this evasive with their own clients?

Thanks!

Doozergirl

There is no obligation to provide an NHBC warranty with anything other than a new build.

NHBC essentially covers the structure, which in a conversion, has already been standing for sometime. Whilst there is an NHBC product available for conversions, it really would be large scale developments by major developers that would be covered. I'd say it was more of an exception than the norm.

The architect would be liable, covered by his Professional Indemnity insurance if he'd designed anything that turned out not to be structurally sound.

MasterP

Doozergirl wrote: »

There is no obligation to provide an NHBC warranty with anything other than a new build.

NHBC essentially covers the structure, which in a conversion, has already been standing for sometime. Whilst there is an NHBC product available for conversions, it really would be large scale developments by major developers that would be covered. I'd say it was more of an exception than the norm.

The architect would be liable, covered by his Professional Indemnity insurance if he'd designed anything that turned out not to be structurally sound.

Thanks for the info, that's interesting (especially about conversion NHBC warranties being the exception rather than the norm).

So, setting the issue of NHBC warranties aside, the other part of my question relates to the more "small scale" problems:

MasterP wrote:

- I'm unsure if the developer would be responsible for correcting the sort of "non-major" thing that frequently comes up with new homes (I'm thinking of things like minor damp, doors that need adjusting due initial building settling, leaking pipes etc)

are the "non-major" problems outlined here the type of thing that builders should be responsible for fixing after completion? I'm just worried that the builder will be able to absolve themselves of all responsibility after completion. The fact that this sort of thing doesn't seem to be covered by the contract is a concern for me.

Doozergirl

Ask them for a written guarantee along the lines of snagging or ask for a retention to be held by a solicitor for a period of time to cover snagging?

Have a snagging inspection carried out by a professional snagger?

MasterP

Thanks Doozergirl. I wasn't aware that professional snaggers existed. I quite new to the whole idea of "snagging", so I'm not really sure what I can normally expect in this regard. I'll do some more research with google.

Has anyone here bought a recently converted flat? What sort of warranty did you get?

timmyt

the CML Hndbook requires all new builds and coversions. I am afraid they give no guidance. Some lawyers will report absence of NHBC for new conversions and lenders refuse to lend, even for terrace converted into two flats. crazy!

arch cert simply replies on the arch indemnity insurance as to the quality of the build. It is not as comprehensive has having nhbc backing you up and forcing builder to correct things.

then again, and arch cert is quite common and not proceeding is extreme. hopefully developer covenants to do them in their contact with you or in the transfer