New Build Mould Problems...

GeorgePowerFinch

Good afternoon everyone,

I hope I'm posting in the right place here, I'm in desperate need of advice / reassurance.
I'll keep this brief... myself and my girlfriend bought a new build (was a shop but was converted into a 2 bedroom ground floor flat) in March last year... the sellers were also the developers and we've had numerous issues since we moved in. Within the first week the bathroom floor / skirting needed to be replaces because of a leak... turns out the waste pipe was never plumbed in properly and had the cheek to say they replaced it as a gesture of good will!! We've had mountains of snagging issues which they've failed to address / fix (no sealant on outside windows so the flat is very cold, blocked air bricks, faulty kitchen tap, the list goes on...) after telling them we'd be going to a solicitor all of a sudden they're willing to fix these issues... apart from our biggest one... MOULD!!

So before you ask, no it's not down to lifestyle / drying washing etc... like the seller / developer keeps saying! We've paid for a mould / damp specialist to come and view the property and he's found out that the outside pointing on the brick work is in awful condition, its like sand between the bricks. There's also no end caps on the windows so water can seep in that way as well. The sellers / developers also installed built in wardrobes against the cold wall and sealed them so theres a cold spot behind the wardrobes which is caked in mould! He's said it's not down to how we live at all. The sellers / developers when converting the property have taken out an old window in the back bedroom and replaced it with brick work and have properly pointed that but the rest of the wall remains in poor condition. What I want to know is that should it be their responsibility to fix this issue? Considering the fact that they've correctly fixed the brick work when removing an old window however left the rest of the wall completely untouched. We've sent a report from the mould / damp specialist explaining that it's not our fault at all and now they're ignoring us... typical.

I know our rights as a new build is within the first two years any defect / snagging issues we go direct to the developer but is that a defect that falls under their responsibility. We do have a building warranty with ICW and they've helped us with the whole process but we're not covered for mould / damp, they've explained that it doesn't affect our claim with the sellers / developers because we're going directly to them.

Overall... bought a new build, got a mould issue and its not our fault, its to do with the poor brickwork, should they be held liable?

Lurkingtoposting17

Someone more knowledgable will probably be along soon but this isn’t a new build and I think there in lies your biggest problem. It’s a conversion of an existing property and as such, you probably needed to get a survey on the external structure done before completing. If it is a split level property which if sounds like it is are you paying and service charges to the upkeep of the building. Repointing is a maintenance issue on a building structure and as you now own part of the building and it isn’t a new build per se, I would imagine you would need to get this covered under you ongoing building maintenance. Unless you identified the issue prior to purchase during the renovation and received assurances that it was in the developers scope of works to bring the external brickwork up to standard. 

GeorgePowerFinch

It was classed as a new build when we bought it. It wasn’t a habitable property before, it was an old shop made into a 2 bedroom flat... so yes technically converted but it’s classed as a new build. 

They’ve repointed part of the wall where they ripped out the old window and replaced it with brick work, so I’m unsure as to why they didn’t repoint they rest of that wall. The mould / damp specialist said there could also be debris in the cavity wall during the building process. Not to mention there hasn’t been any end caps on the outside window sills so water could of gotten in that way as well. The three outer windows remained unsealed for probably 14 months which meant moisture, rain and debris could of easily gotten into the cavity wall. So there’s several different issues coming from this, the biggest one being the poor brick work but also a lot of factors that the developers never took into consideration. So far the cost of repairing our bedroom where most of the mould is sits at around £3500, hence why the developers are reluctant to do anything about it... even after sending them the report which states it’s nothing to do with our lifestyle, they’re still saying it’s wrong and it’s our fault!? They also fitted built in wardrobes in our bedroom against the wall and sealed them, so there’s mould building up behind the wardrobes now as well.  

pattypan4

that is most definitely not a new build. You are clutching at straws op, should have had a full survey done before buying. You have bought a re-furb and as always it is buyer beware

Doozergirl

It's classed as a conversion, OP, not a new build even if it has a new home warranty.  There specific warranties for conversions.  

Does your warranty categorically state that the builder is obliged to carry our repairs in the first two years?   Because it isn't just a standard law that developers have to do that. 

 

GeorgePowerFinch

It’s standard law that developers have to fix any snagging or defects within the first two years. Holes in the outer brick wall, blocked air bricks, unsealed windows and building built in wardrobe units against a cold wall all sound like property defects to me.

Lurkingtoposting17

It isn’t standard law for new build sellers to guarantee defects. They would have to sign up to a scheme that guarantees that they do as most large scale housebuilders do.
Yes these could be considered property defects ... if they had built the property. But they didn’t. They refurbished it and converted it. This is an old property and a lot of what you are describing is wear and tear expected of a building of its age. Should the developer have done things like repointing? Possibly, but unless they promised to as party of their redevelopment they were not obligated to. You as a buyer had to do your due diligence to make sure you were buying a property and a structure you were happy with. 

Do you have an nhbc warranty?
What guarantees did you get upon purchase? If they were a member of any scheme and provided you with these that is how you escalate issues but if they provided you nothing it’s the classic case of caveat emptor. 
What level of survey did you carry out on the building? 
If you carried out a survey and the surveyor didn’t point out the problems with the pointing or the window seals then you may have some recourse from them. 
If you pay a management fee to the freeholder of the building, it maybe dealt with via a sinking fund for building repairs. 

But the developers didn’t build this building, it isn’t new and you arguing it is isn’t going to make it new.  Unless they provided you any relevant guarantees for their work via any schemes there is no law which guarantees you recourse. 

GeorgePowerFinch

It doesn’t matter if they had built it from scratch or just converted it, as it stands they are responsible for any defects or snagging issues in the first two years for a new home. That is also confirmed by our warranty company ICW.

GeorgePowerFinch

Please see photos of wardrobes units, no window end caps, poor condition of the underneath window sill and where they had replaced a window and not done the rest of the wall.

thearchitect

The property is a conversion, not a new build.  The imperial-sized bricks on your last photographs (the one with the poor quality older pointerwork) is something fo a clue.

If I understand correctly, you have the benefit of some form of standalone warranty however the provider avers that the developer is responsible within the first two years (i.e. under the terms of the warranty, rather than specific legal provision).  You should check the wording to see if this is correct and what provision is made for default in the initial period.  My concern, having been involved in such cases professionally, is that court action would be required.

[Deleted User]

During the first 2 years the builder is responsible for terms set out in the warranty.  It doesn't automatically mean they are responsible for absolutely everything in its entirety.  ICW state on their website that their warranties are custom designed and unique for each purchase.  For this reason i don't think its as simple as 'the builders are responsible for everything for first 2 years'.
Various things excluded from repairs include:

• Weather damage

• Wear and Tear

• Problems resulting from poor maintenance of the property

You obviously have a warranty from ICW. This company does renovation warranties as well as new build warranties.   There may be subtle differences in the 2 that would get a builder out of certain things. For instance, i would imagine a renovation of an existing building wouldn't cover the outside to as high a degree as its essentially an old building.  

You seem fairly adamant that it is a new build, not a conversion. Where are you getting this from? If its from the mortgage and legal process then that doesn't matter as they will use the 'never been lived in its current state'  definition to class as a new build.  
The important bit is the wording on the warranty.   If the warranty provider thinks the builder is responsible but they don't agree, then check if a mediation service is offered by ICW