NHBC Certificate on new build flat - what does it cover?

mdd

Hi all

I need some advice please. I have moved into a new build flat shared ownership flat. I have just staircased to 100% and have just elaped 24 months.

I have noticed today that i have a small leak on the banister on my duplex flat. It could be a leaking pipe. I have content insurance and was not allowed to get building insurance as there is one already as a whole scheme by the building and expensed as part of my service charge.

Does NHBC certificate cover for such repairs?
i also found out recently that there was a big leak in my flat before my purchase. This was repaired before I moved in however I was not told about it by the housing association. I am the first person using the flat.

Did the housing association have a legal obligation to tell me this regarding this leak even though it was repaired? I am thinking this could be a backlash from the initial leak that occured prior to moving in?

what would be my legla rights? Would Housing association have to repair this as part of the 10 year NHBC warranty or should I make a claim via content insurance?

thanks in advance
MD

rodenal

If it's new the builder has a 2 year obligation (you'll find it difficult to get any rectification work done in the second year) to sort out anything not caused by you, get on the phone. Inspect absolutely everything if you havent already done so and give them a snagging list, accept no excuses - if something isn't right or finished to the highest standard they'll redo it if pushed

Doozergirl

NHBC covers structural defects only, not workmanship issues.

It's an issue for your Buildings Insurer, though if it's a small leak it may not cost all that much to repair. What's above the bannister? Radiator? Shower?

rodenal

Doozergirl wrote: »

NHBC covers structural defects only, not workmanship issues.

It's an issue for your Buildings Insurer, though if it's a small leak it may not cost all that much to repair. What's above the bannister? Radiator? Shower?

Sorry but this is a common misinterperation and is incorrect. Don't even mention nhbc to the builder just call them and insist its sorted asap

edit: Did not see the over 2 years statement, Doozergirl you are correct - apologies

mdd

thank you both for the quick responses. first of all the snagging list period was the first 12 months. As this is over 2 years now I dont think they will consider it. Its typical as the cracks and dodgy paintwork only start appearing now.

The flat is a duplex with 2 shower/bathroom and 2 bedrooms on the lower level. The stairs lead up to a study and kitchen/living room. There is nothing above the banniester. No radiators or anything water related. Just a landing. The leak itself just appears on the ceiling from the lower level. Could be caused by a trailing pipe from living room to study on the upper level. I cant say for sure.

I also think it is to do with the major leak that occurered before i purchased the flat. maybe poor workmanship. Do they not have a legal obligation to tell me that repairs were done on my flat. If its a new build flat and Im the first resident then surely they have that responsibility?

I will call them today to get someone in but I have a feeling that this is going to be a hard battle.

rodenal

Apologies to the quoted poster above I completely misread the first post - nhbc will only be interested in structural defects from year 3 onwards.....unless the previous defect has caused the damage. Your first port of call will still be with the builder

Oxonboy

Sounds like you have several possibilities for getting the leak (if that is what it is) sorted.

First route might be to ask the HA if they have repaired a leak in this location previously. If they had made an insurance claim themselves either under the NHBC warranty -including asking the original builder to put it right - or with household contents insurers) they should have declared this in the pre-contract legal enquiries. If it was dealt with under the NHBC scheme there is likely to be a continuing liability to repair the leak again.

Regarding your NHBC cover, during the first two years after legal completion i.e. from the date the apartment was first sold, you have cover for all defects that are a breach of NHBC's Standards (their technical specifications). If you have a leaking pipe as a result of defective design, materials or workmanship of the original developer (rather than, say, due to someone else putting a nail through it when fitting a carpet) you have a valid claim under the NHBC warranty. Durng this intial two year period it is the responsibility of the developer named on the NHBC insurance certificate to put the defect right. Normally this would be the builder but it may be that the Housing Association registered in their name as the developer.

You should therefore check the date on your NHBC insurance certificate to see if your apartment is still within the initial two year period. If you don't have the certificate, call NHBC on 0844 633 1000 and ask for 'Claims' for help. If the apartment is within the two year period and the original developer won't investigate ask NHBC for a 'Resolution' investigation. They will then check out the problem themselves and if it is a valid claim they will require the developer to repair it and if they don't NHBC will step in.

If you apartment is outside the initial two year period of the NHBC cover, whilst there is rather more than 'structural' cover as stated by others, leaking plumbing is not covered.

You could make a claim on your household contents insurance. The insurers will point you towards NHBC if the apartment is less than two years old! If not you should be covered for damage to the apartment contents, but dependent on the policy, possibly not for repairing the damaged/defective pipe. Do you have home emergency cover from the likes of Homeserve or British Gas (this is sometimes included in contents insurance or sold via water companies for example)? If so this is likely to cover the repair?

Hope this helps.