New build house has problems. What are my rights?

ajay72

Hoping someone with some legal expertise can help. Last year I bought a new-build property from a small local developer. Although it did not have NHBC or Zurich cover, it did have a 10 yr warranty that my lender was happy with. 1 year on the roof is leaking and making a brown stain on the ceiling inside. I've had a roofer look at it and been quoted £1200 to repair with no guarantee it will fix the leak but he thinks he can see the cause.

So my question is, can I force the builder to come out and fix the roof under some sort of Sale of good act legislation - when you build a rood you expect it to be leak free for more than a year! I can claim on the warranty but there is a £1000 excess which I'm I will have to pay! Seems a bit unfair that the builder chose the warranty given and I live with the consequences. Or I just accept that my due-diligence was not up to scratch this time and pay for the repair myself.

Futuristic

How old is it and what company is the guarantee under?

lincroft1710

With a house there is no protection under the Consumer Rights Act 2015. I would tell the builder about the problem, he may be willing to fix it for free or for a nominal charge.

lee111s

My new build comes with a 2 year guarantee of anything. Have you actually spoken to the builder?

Or did you go straight to getting a roofer for a quote?

davidmcn

ajay72 wrote: »

can I force the builder to come out and fix the roof under some sort of Sale of good act legislation

No, your rights are those in the contract you entered into when you bought. Generally speaking normal consumer law doesn't apply, because you have a lawyer and negotiate the contract. If you're not sure, reread what you were given at the time or ask your solicitor.

Seems a bit unfair that the builder chose the warranty given and I live with the consequences.

You knew what the warranty was before you bought. If you didn't like it you could have walked away, or renegotiated the price.

ajay72

Property was completed about 15 months ago, we bought it almost exactly a year ago. Warranty is with Build Zone.

I have tried getting in touch with the builder but he is being very elusive!

I got a quote from a roofer at the suggestion of Build Zone. If it was only going to be £300 to fix then there was no point claiming on the insurance.

I think I'm just going to have to eat a nasty tasting sandwich by the sound of things. I suppose by going through the insurance I will get the internal decoration done too. But then on second thoughts there is probably a clause saying the wont do that!!!

Thanks everyone

foxy-stoat

Surely there is not a £1000 on a warranty for a new house on issues that arise due to bad workmanship or materials?


Am sure your solicitor would of raised this prior to you buying it.

Futuristic

Never heard of Build Zone, the big 3 are NHBC/Premier/LABC and are also part of the consumer code for home builders. These 3 have usually 2 year for fixing anything including minor stuff and 10 year structure.

Do you have a copy of the warranty? The excess seems really crazy, I'd look into the small prints.

eddddy

Check your warranty, but the sample on the Build Zone website says:

4.2 The first 2 years after completion (Defects Insurance Period)

If during the first 2 years after completion the Policyholder notifies the Developer of any Defect, the Developer is required to

i) Effect a repair, replacement or rectification of such Defect as soon as is practicable thereafter;

ii) Reimburse the Policyholder for all necessary and reasonable costs including lifting and refitting carpets, storage and alternative accommodation should the nature of any repair, replacement or rectification be such that the Policyholder and/or the occupants have to vacate the Housing Unit whilst such repair replacement or rectification is carried out.

iii) Once notified of Defects during the Defects Insurance Period the Developer remains liable as above after the Defects Insurance Period ends, unless specifically agreed in writing by
the Underwriters.

Link: https://www.build-zone.com/new-home-warranty

The insurance (and excess) only seem to kick in if the developer doesn't do the repairs (e.g. if they've gone bust).

dhokes

Plus if the work isn't covered under warranty, I'd get more than one quote to compare prices.

Lord_Baltimore

A £1200 repair with no guarantee? Get a proper bloke around to look at it. And don't let that scarlet pimpernel of a developer off the hook; make his life a misery in the same way that his shoddy construction work has made yours.