New build warranty pass to new onwers?

midlifer

I bought a new house (last time I do that) in 2012 and not surprisingly had a few teething problems but got them sorted out within a few months by ringing customer services of the house building company.

After I had lived there for 9 months I noticed when the rain was blowing in from a certain direction the wood soffit below guttering on the outside veranda used to get wet.
I called customer services who sent the roofing contractor (he broke many appointments) out who made his mind up straight away that the water was not coming from the roof but through the unpainted/unvarnished wooden Fascia and he told me to get the house builder to sort it out.

I wrote a letter to the house builder MD and someone came out the day they received it. They came back out the following week to re-fix the trim on the bottom of the fascia and run a bead of mastic along it's entire length.

We had a wet few months and no sign of any moisture.

I had a job offer in another part of the UK so put my property up for sale, the agent wanted me out when they did the viewings, the buyers viewed twice and I never met them.
I was surprised because when I buy I like to be shown around the property by the owners and ask how everything works etc.

The buyers solicitor asked lots of detailed questions but did not ask about any or the remedial work I had done, all free of charge under the 2 year warranty.
The sale completed in 6 weeks.

I do not think the warranty passes over to any new owners.

What happens if in the future the moisture starts coming back when it rains?
Am I liable to be sued by the buyer?

caeler

Yes the NHBC (or similar) warranty transfers as it remains with the house. I believe developers are responsible for the first 2 years of the 10 year warranty (it has always been this case in my experience but I don't know if this is typical).

If you have answered all questions honestly then you shouldn't have a problem. Personally, if I were buying a slightly new house I'd ask about the details of what snagging had occurred.

phill99

The builders have a 24 month defects liability from the date of practical completion. After that the NHBC warranty covers the property effectively for a further 8 years.

The NHBC warranty runs with the property regardless of ownership.

midlifer

You are correct, the NHBC warranty does pass over to the new owners.
I never did contact the NHBC while I lived there for any of the repair work that was done on the property.

Coincidentally I did get a letter from the house building company yesterday telling me that my 2 year warranty is coming to an end, the way it was worded it made me think it would not pass to any new owner.

I had 3 forms to fill in from my solicitor at the beginning of the sale process,

In the Property information form, under the Guarantees and warranties section I ticked a) for the new home NHBC warranty and ticked that I had never made any claims.

My repairs like getting some Peg tiles fitted to the rear wall where they were missing, the front door adjusted, a new boiler part supplied and installed, and the veranda moisture problem were all sorted out by me ringing customer services who arranged for the different tradesmen to complete the work.
I did not get any paperwork for any of the above.