nhbc or architects cert

cwrtcoed

Hi
I purchased a self build from an independant builder around april 2005, however, when i viewed the property i noticed a stained patch which was in the front bedroom just in front of the patio doors which leads onto a balcony.
The garage is directly below the bedroom. I noticed when we have heavy rain and depending on the wind direction, water drips into the plastered ceiling in the garage ( hence why there was probably a wet patch mark inside the bedroom floor).
I contacted the builder around 12 months later and he said that he would call up and have a look, obviously he never did turn up but 5 years have passed and this problem has eventually got worse. The plaster is starting to come down on the garage ceiling and water dripping down into the garage. The main electric box is not far away from this and im worried that this may be a fire hazard.
My neighbour who has exactly the same house next door has exprienced the same problem, but worse for her because her living room is below her balcony. Im sure the builder mentioned we have a architects certificate when we bought the house.
would the builder be responsible for the repair because i see this as a structural fault, if he doesnt respond what can i do?

jackyann

I am doing a self-build at the moment and there are a number of ways of getting a warranty, so I would try to find out which one you have.
I would expect that information to be with your purchase paperwork, and the solicitor (or whoever handled the sale) should know who guaranteed the warranty.
I have had to tell my local building inspector who is covering our work, but I don't know how long they keep records.

oz0707

I'm using an arc's cert for my place. My (basic) understanding is if it is a design fault you are able to sue the architect. Obviously this will all have to be done at your expense with no guarantee of success. If it is a workmanship kind of thing then the builder is at fault. As you don't have a guarantee I can't really see any comeback on the builder. I'm unsure where you stand if for instance, there was supposed to be some lead flashing (ie drawn on the drawing) yet the builder never put any in. Probably best to contact the builder again and try to persuade him to come out and see what he thinks the cause is. Alternatively get another builder to do this. If you not talking mega amounts to sort, then your easiest option is probably do it off your own back.

ormus

you are wasting your time. the NHBC warranty is a waste of space.
the builder is now clear of any workmanship warrranty.
trying to sue an architect is expensive with no guarantee of success.

save yer money and spend it on a builder to right any problems.

GreenBee_2

a lot of builders have gone out of business. are they still around? if they are, you probably have a chance to take them to court if you have proof that you did contact them all those years ago? but it might be quicker and cheaper to have a strong drink, swallow the bitter pill and do the repairs yourself before it gets worse.

cwrtcoed

This leak is quite near to the main electric box, and the same problem has arisen with my neighbours house, the people who built it are still around they live in the same village as me. I am going to contact them today, but based on the information would this come under a structural fault? nothung has been moved or disturbed to make this happen, and i as i said i noticed stain marks near to the patio doors before the carpets were put down. The builder was aware of the leak because i contacted him some time after but he never came up to look at it.

Oxonboy

To check if your home is covered by an NHBC warranty call them on 0800 633 1000 and ask for 'Claims'

Rain penetration as described in your post is covered by their standard warranty.

cwrtcoed

im sure the builder said that its a architects certificate, will that make a difference, and where can i find which one it is?

cwrtcoed

i have found the structural certificate, which covers the home for a period of ten years, and states that he has the necessary indemnity insurance.
I have contacted the architect and he has said that this certificate does not cover for the problem i have, and if it did it would only be valid for six years!!!he has stated that this would be the responsibiltiy on the builder not him beacuse they already knew of the exisiting problem.
i know both the builders ( and although they no longer trade together) i have spoken to them and they have said that its the surveyors responsibility because they have insurance for this, so at the moment i dont know where i stand because both are blaming each other, this is unknown territory for me and im stuck on what to do. Would my buildings insurance legal cover support me on this, or if i did notify my insurance that it was an existing problem they would not repair it, if i got no joy with both the builders or architect.