Fault in new build house built 2004

baaen1977

Hi All,

I bought a new build house from an established builder in the summer 2004. When we moved in we completed all the usual snagging.

As it became colder towards ther end of the year, we noticed that the bedroom directly above the garage was unable to be kept warm. As the builders were still building, we found it easy enough to get them to come and 'fix' the problem. They found that the floor beneath the room and the roof above had not been filled with insulation and quickly fixed the situation. It was explained that the room would always be a bit colder than others as there was no heat rising from below like the rest of upstairs. We took their word.

We are now growing our family and believe the room is too cold to raise a child in during cold days and nights. We have spoken with the builder. They have advised that they are no longer under any onus to remedy the situation.

I spoke with another owner of the same house type in our estate. They explained that they had the same problem and that the builder inserted a new radiator in the room as the existing radiator was incorrectly placed for it to be effective (I can explain why if anyone needs to know).

So, I have 2 concerns. Is the design of the house at fault? Is there insulation in the walls of the room (the roof slopes down either side of the room)?.

As the building is less than 10 years old and as they builder has acknowledged a design fault (by way of inserting a new radiator in the other house), am I legally entitled to get the builder to fix the problem?

Hope someone knows

Thanks
Bjorn

silvercar

Long term and with a growing family the answer would be to convert the garage to a playroom.

Its a design fault in that its not ideal, but lots of people live in older properties where every room is chilly. I doubt whether there is an obligation on the builder at this stage. After 2 years, doesn't the warranty pass to NHBC?

poppysarah

So how much would moving a radiator cost? (does it fully solve the problem?)

If you don't mind you face in the paper you could try for a news story to pressure the builder into doing it.

Jeffrey_Shaw

Did the builder/developer actually break any contractual obligations (e.g. in Building Agreement or Transfer/Lease)?

G_M

baaen1977 wrote: »

Hi All,

.... It was explained that the room would always be a bit colder than others as there was no heat rising from below like the rest of upstairs. We took their word.this is self-evident. Also, how many outside walls are there?

We are now growing our family and believe the room is too cold to raise a child in during cold days and nights.because.......? lots of children get raised in mixed environments. (when I grew up we had no central heating and in winter there was ice on the inside of the (single glazed) bedroom window) We have spoken with the builder. They have advised that they are no longer under any onus to remedy the situation. unless you can prove a breach of Building Regs or similar

I spoke with another owner of the same house type in our estate. They explained that they had the same problem and that the builder inserted a new radiator in the room as the existing radiator was incorrectly placed for it to be effective (I can explain why if anyone needs to know).£50 - 80 to a plumber?

So, I have 2 concerns. Is the design of the house at fault? Is there insulation in the walls of the room (the roof slopes down either side of the room)?.I'm afraid I've not seen your house, let alone inspected behind the sloping wall, so can't answer! Ask a surveyor to inspect? There should be, but who knows?

As the building is less than 10 years old and as they builder has acknowledged a design fault (by way of inserting a new radiator in the other house), am I legally entitled to get the builder to fix the problem?not sure that siting of a radiator can be called a design fault. Yes, some sites are more effective than others, but to me it sounds like the builder made a goodwill gesture to your neighbour in response to a complaint shortly after purchase, rather than an 'admission' of design fault.

Thanks
Bjorn

You'll be covered by NHBC warranty, but only for faults over £1000.
a) they may not catagorise this a fault and
b) moving a rad would not cost £1000

Jeffrey_Shaw

G_M wrote: »

You'll be covered by NHBC warranty, but only for faults over £1000.
a) they may not catagorise this a fault and
b) moving a rad would not cost £1000

'Faults'? Well, see my post #4. Has there been any real 'fault' here?

baaen1977

Thanks for all your responses.

When I referred to a design fault, I was working under the assumption that the builders would have to work under some sort of legislation with regards to insulation of heat and at the same time be required to sell a house that is able to keep warm. The house was sold as being fully central heated, double glazed etc.... Advertising the house as a 4 bedroom house would suggest/contractually bind that all 4 rooms adhere to such legislation and minimum standards being adhered to.

Whilst I appreciate that some older houses may not have all the mod cons of today, I could only imagine the building control has tougher criteria when it comes to defining a habitable room today than it may have had 100 years ago.

I have looked into converting the garage. I even have drawings complete for it. My architect explained that I would have to meet basic building control standards that relate to insulation and heating if i were to use it as a habitable room. Unfortunately cost is currently prohibitive.

I have friends that have bought a different design of house from the same builder twice. On both occassions, their master bedroom has been above the garage. They have never had any problems with the temperature.

I guess this brings me back to my conundrum - Is it the radiator or has more insultation been missed? This can only be answered with me instructing a contractor to identify and then solve the problem. Ideally I want to put this cost back onto the builder as I do feel it should fall under them and I know that i Have a 10 year NHBC warranty.

Thanks
again

Jeffrey_Shaw

But the NHBC scheme will not cover extra work sought- only if it's rectifying something that the developer was contractually obliged to do.

sonastin

1) You need to know what Building Regs standards applied to insulation at the time it was built.

2) You need to find out if they complied with those standards.

3) You need to find out who signed the house off for Building Regulations and if it didn't comply with the insulation requirements, why they signed if off.

4) Armed with this information, you're in a position to make a proper complaint. At the moment, all you've got is a cold room and as has been pointed out, that isn't against the law. A failure to comply with the building regs in force at the time could be, and signing off a non-compliant building almost certainly will be. But whether that will result in you getting a warmer room, I'm not sure. It could just result in the building inspector being disciplined without any compensation for you.

baaen1977

thanks all