New Builders responsibility for dangerous roof tiles.

anselld

isagan said:

I'm contacting a solicitor as I believe Berkeley homes should carry out a full inspection of the all the properties to ensure someone is not injured or killed due to a falling slate. Please let me know your feedback.

You have had the feedback already... none of it suggested you have a claim.  Let us know what the solicitor advises but bear in mind they will have a vested interest in making a claim.

You could also speak to local building control.  They have enforcement powers against unsafe structures, though I would expect they would advise as in this thread that it is a maintenance issue.  
 

MobileSaver

The_Warned said:

Provided the building is maintained well, the insurance would pay out in the event of an accident.

This is a very important point! As you have now presumably told NHBC/Berkeley Homes in writing that you believe the tiles to be "dangerous" I suspect any insurance claim would be rejected as you know there is a problem but have done nothing to rectify it.

As the homeowner the roof is your responsibility and if god forbid a tile falls on someone you will be held liable and will not be able to claim on any insurance; in your shoes I would get a qualified roofer to inspect the roof as a matter of urgency.

Hasbeen

isagan said:

Thanks for your feedback
I'm contacting a solicitor as I believe Berkeley homes should carry out a full inspection of the all the properties to ensure someone is not injured or killed due to a falling slate. Please let me know your feedback.

Personally I would rather pay a local roofer a few hundred ££ than a solicitor a few thousand ££?
At the end of the day all houses require regular maintenance and up keep. By the owners.

Davesnave

You are correct in having concerns if this is a problem that affects a number of properties. However, asking Berkley Homes to investigate their own work is less likely to yield enlightening results than if an independent and well-qualified firm do that.

davidmcn

isagan said:

surely the builder who is Berkeley homes should be investigating this potential safety hazard.

Why "surely"? I'm not aware of any legal basis on which they have to. Or do you just mean morally? They may of course choose to do so out of goodwill (or to mitigate any bad publicity).

Car builders are still responsible for the safety of cars even after the warranty has expired if the problem is caused by the manufacturer.

Yes, but cars are different. You haven't had to put your house through an MOT, or to get a licence to use one. Almost everything you buy doesn't have a recall system like cars do.

I'm contacting a solicitor as I believe Berkeley homes should carry out a full inspection of the all the properties to ensure someone is not injured or killed due to a falling slate. Please let me know your feedback.

I think you're wasting your time and money.

davidmcn

anselld said:

isagan said:

I'm contacting a solicitor as I believe Berkeley homes should carry out a full inspection of the all the properties to ensure someone is not injured or killed due to a falling slate. Please let me know your feedback.

You could also speak to local building control.  They have enforcement powers against unsafe structures 

Yes, but their enforcement powers would be against the OP as the current occupier...

isagan

Thanks for your feedback but it's not about the money it's about people safety on the estate, and the builder Berkeley Homes not willing to investigate the issue of a large 2.5Kg concrete tile falls from a modern house and smashes into the patio on a non windy Sunny day and the builder says this is normal. This has occured on at least 3 houses here recently on a small estate how many more before there is a serious injury?

davidmcn

If the roof is currently a danger than it's your (legal) responsibility as owner and occupier of the property to get it sorted.

thearchitect

isagan said:

Thanks for your feedback the roof tile is a 2.5Kg concrete roof tile made to look like Cotswold slate. I've found 3 other houses on the small estate that have also had concrete slates falling from their roofs smashing onto their patios. This is why I'm concerned on the safety and surely the builder who is Berkeley homes should be investigating this potential safety hazard. Although the house is over 2 years you don't expect a modern house to drop tiles smashing on to the patios. Car builders are still responsible for the safety of cars even after the warranty has expired if the problem is caused by the manufacturer.
I've contacted NHBC and the amount that is currently applied to this policy is £1629 so they are not pursuing the claim.
I'm contacting a solicitor as I believe Berkeley homes should carry out a full inspection of the all the properties to ensure someone is not injured or killed due to a falling slate. Please let me know your feedback.

So, it's something like a Marshfield Traditional imitation?  These normally come with a 20mm hanging nib (i.e. to go over the batten) and a predrilled 7mm fixing hole.  It would be unusual for them to fail as quickly, hence the first question you should be asking yourself is why this might be.    Are the tiles/slates mechanically secured at all?  What did your roofer say when he replaced the missing ones?

Unless you have a roofer, surveyor, or architect's report setting out the cause of the problem and how it should be remedied I'm not quite sure why you're banging on the NHBC's door or talking about a solicitor at this stage.

thearchitect

davidmcn said:

anselld said:

isagan said:

I'm contacting a solicitor as I believe Berkeley homes should carry out a full inspection of the all the properties to ensure someone is not injured or killed due to a falling slate. Please let me know your feedback.

You could also speak to local building control.  They have enforcement powers against unsafe structures 

Yes, but their enforcement powers would be against the OP as the current occupier...

Indeed, although I suppose that if a latent defect was discovered then they might roll out inspections over the estate and that would help pressure the builder/NHBC/whoever.

It would be worth OP remembering that his buildings insurance will probably require him to maintain his property in good order and hence a known defect could create problems in the event of a claim.  Personally I'd have a roofer up there PDQ the moment lockdown is over, which in England looks like it will be somewhat ahead of rUK.