Mis-Sold New Build Property- Not Compliant with Building Regulations

bd7

We bought apartment lease hold from Bellway in 2016. Following Grenfell tragedy Bellway carried out a fire safety inspection in 2018/19 and found out that fire cavity barriers were not installed. Later 2019 they carried out remedial works and added the missing fire barriers.

I would like to make a claim against Bellway that the property was not compliant at the time of purchase 2016, it should have been fully compliant to the Building Regulations at the time of purchase. NHBC and Bellway have both admitted that the barriers were missing, the only reason a fire safety check was carried because there was a tragedy and had Grenfell not happened Bellway would have never carried out any checks. Bellway and NHBC should have check during their site inspections that fire stopping cavity barriers have been installed correctly, clearly this was never done. It makes us think that NHBC guarantee is not work the paper it is written on as, no one from NHBC picked up the missing fire barriers during site inspection.

Can you please let me know if there are any grounds for making a claim against Bellway that the property was mis-sold as compliant to Building Regulations and NHBC Standards.

user1977

Claims for "mis-selling" property aren't really a thing. You'd (maybe) be better claiming under your contract - what did that say about building regulations?

And what are you claiming for? Have remedial works been done? Are you being charged for them?

bd7

Thanks for your reply @user1977.

The remedial works have been done and a claim was made under NHBC warranty. However, the remedial works carried out were checked by another building control company and not NHBC. To be honest there is has been a whole list of things which Bellway did not do correctly or install in accordance with approved drawings.

I will check the contracts and see if there is any mention of building regulations, in any case since NHBC are providing warranty which would mean the building work should follow NHBC standards to say the least. So, if they works carried out are not to building control or NHBC standards then under what can we make a claim and hold them accountable if “mis-selling is not an option.

user1977

You need to figure out what (if anything) you actually want to claim for first. What losses have you suffered?

JJ_Egan

Be better with real legal advice .