Subsidence at bottom of garden/car park on a new build property

Twoknee64

Hi All

I hope this is the right forum for this?

I live in a house that I purchased in March 2021, as a new build from a small local building firm. To cut a long story short, I and my neighbour have suffered quite a bit of ground movement at the bottom of our gardens and outside in the Car Park area.

The ground movement has caused the concrete fence posts to move and also the block paving in the car park to sink to the point that our wooden fence panels are now so warped that they are falling out and I cannot now close and/or lock my gate.

The Builder is denying any responsibility even though one of their employees admitted to me that they knew there was an issue with the land, i.e., “it was sand”, but carried on regardless. They are this week fixing internal cracks in line with their snagging policy but this has only happened following myself and other residents threatening them with taking “further action”.

The builders have said that this issue falls at the Management company’s feet as they are responsible for the common areas, i.e., Car Park however as far as I see it there are issues on both sides of the fence, i.e.  fence posts and garden movement as well as block paving movement in the car park. The Management company say that they do not hold funds to deal with this but are taking matters forward with the insurers on my behalf, but to quote the Management company “I have today approached the insurers to see whether they will cover or even send a loss adjuster to assess the situation. However, I fear that public liability insurance has been placed which wouldn’t cover this type of claim and I await to hear their advice.”

The houses are not covered by NHBC; however, they are covered by a 10 Year “New Home Warranty insurance with a company called Checkmate.uk limited.

The policy booklet states the following:

“2. For two years after the effective date, where the buyer has made a request in writing that the developer meet one or more of the costs listed at Sections 2.1 to 2.4 below and the developer refuses to meet such costs or to carry out repairs, as appropriate, or is in liquidation or is made bankrupt we will pay:

2.1 The reasonable cost of rectifying or repairing physical damage caused by the developer’s failure to comply with the requirements in the construction of the new home. 2.2 The reasonable cost of alternative accommodation where the new home is not fit for two years after the effective date, where the buyer has made a request in writing that the developer meet one or more of the costs listed at Sections 2.1 to 2.4below,and the developer refuses to meet such costs or to carry out repairs as appropriate, or is  in liquidation or is made bankrupt we will pay:2.1  The  reasonable  cost  of  rectifying  or repairing physical  damage caused  by  the developer’s failure to comply with the requirements in the construction of the new home.2.2The reasonable cost of alternative accommodation where the new home is not fit for habitation as a result of the carrying out of remedial works by us covered under the terms of this policy provided that you have first obtained Checkmate’s written consent to such costs being incurred and subject to a maximum  of £6000 in any event.2.3The reasonable cost of professional fees incurred in connection with your claim, provided that you have first obtained Checkmate’s written consent to such costs being incurred. habitation as a result of the carrying out of remedial works by us covered under the terms of this policy provided that you have first obtained Checkmate’s written consent to such costs being incurred and subject to a maximum of £6000 in any event. 2.3The reasonable cost of professional fees incurred in connection with your claim, provided that you have first obtained Checkmate’s written consent to such costs being incurred. The Booklet also goes on about years 3 onwards but this is not appropriate at the current time as I have only been in the house less than a year I'd appreciate any advice you guys may have? In particular, do I have any legal recourse with the builder? I’ve made various requests from them by email, which they ignore.  I think I now need to put something in writing, which again they will ignore, so will send it with some form recorded mail or tracked in some way. Then lodge a claim with the insurance company, but not sure if this is the correct process so again any advice of anyone who has been through similar would be massively appreciated I also have building and contents insurance but don’t feel it is my responsibility to claim on my personal insurance for their inadequate wok.
Thanks in advance.

Regards,
Tony

Sandtree

If its defective workmanship your Home insurance wont cover it.  Ground movement/heave/subsidence normally has very limited cover if its not impacting the main building too if it wasnt due to the workmanship issues

If your home insurance has legal expenses however they may advise on your options and potentially cover a claim against the builder etc

[Deleted User]

Yeah, legal cover is the place to start if you have it.

Otherwise it's possibly quite bad, like your house needs rebuilding bad, so maybe seek legal advice.