Transferring NHBC Certificate?

nonnatus

Hello,

We have made a claim through the NHBC Insurance Certificate for some work to be done to the house. NHBC agreed to pay for the work in full (we have it in writing) but have obviously contracted the work out and the Contractors are in no hurry to get started. In fact, due to the nature of the work (exterior rendering) and the fast approaching winter, it may not even get done this year.

But we are trying to sell the house! When we sell, can we just transfer the new buyers as the new owners of the NHBC Certificate and the current claim will continue, but under their ownership?

Anyone experienced anything similar please?

Furts

The NHBC warranty belongs with the house. But for the legal answer to your question you must go back to your solicitor. That said many are not competent in these areas.

NHBC are constantly changes rules and procedures and every warranty is applicable to, IIRR, the current revision on the day the foundations were concreted. This makes it very difficult, for deliberate reasons, to separate the wood from the trees.

On a pragmatic approach I see a number of concerns:

First, by your own admission you are intending to sell a defective home. This will not be easy and neither is it a wise decision.

Second, should you persist with this your warranty claim status should be clarified in writing by NHBC. A scenario that I foresee is NHBC welcoming your home being sold then sitting back and doing nothing until matters are raised by the new owners. This in the interests of NHBC. These owners may be told to submit a new claim.

Third, for legal reasons regarding little known phraseology in NHBC documentation, you may effectively find you cannot sell your home until repairs are done. This is because the prospective purchasers will not be covered for the necessary works and this becomes their personal liability.

Hope this helps.