Challenge New Build Defects

Matthiius

Hello, 

I hope I am posting this in the correct place. Looking for any advice/suggestions.

My partner and I purchased a New Build property via a housing association as shared ownership. 60/40 in our favour. We reported a number of snagging defects (within the specified time frame) that have been attended to already, however some have been refused.

Our main issue is severe cracking to a bathroom shower cubicle tray. I believe it has not been fitted correctly as the seals are splitting and degrading also. The housing developer has deemed this out of their warranty. Due to the property being empty for 10 months before we bought it and moved in. Our housing association can also initiate repairs as part of the defect process but are refusing to investigate this further as well. 

Are we able to challenge this at all in any way? If so, what would be the best procedure? I imagine repairing privately will be quite costly, and I do not think we should be responsible for this.

Many thanks in advance. 

canaldumidi

What warranties did the property come with? Please quote.

74jax

Do you have an NHBC warranty? Is the bathroom with a warrenty from the supplier? 

eddddy

This is a contractual issue.

Presumably, you have a warranty document - that is your contract. It will state what is and isn't covered by the warranty.

So you need to:

• Read the contract/warranty to see if it covers the shower tray cracking
• Read the reasons given by the Housing Association for not doing the repairs - and see if they match the terms stated in the contract

If you conclude that the shower tray cracking should be covered, and the reasons for refusal are not valid - you'd need to complain to the Housing Association. Ultimately, you could 'take them to court' to make a claim for the cost of repairs.



[When you say the shower tray is cracking - do you mean the (usually white) silicone sealant around the edge of the shower tray has cracked? If so, it's a reasonably simple job to remove all the existing sealant, and apply a new bead of sealant. A plumber would probably take less than an hour to do that - or you could watch some Youtube videos and give it a go yourself.]

chanz4

nhbc warranty aint worth the paper written on

Matthiius

74jax said:

Do you have an NHBC warranty? Is the bathroom with a warrenty from the supplier? 

Thanks for the reply 74jax. Yes we have NHBC. I have not investigated the supplier warranty yet, but I will look into this. However, I suspect not because the house is approaching three years old. I'm guessing manufacturer warranty to be two years max? 

Matthiius

chanz4 said:

nhbc warranty aint worth the paper written on

Thanks for the response chanz4. 

Matthiius

eddddy said:

This is a contractual issue.

Presumably, you have a warranty document - that is your contract. It will state what is and isn't covered by the warranty.

So you need to:

• Read the contract/warranty to see if it covers the shower tray cracking
• Read the reasons given by the Housing Association for not doing the repairs - and see if they match the terms stated in the contract

If you conclude that the shower tray cracking should be covered, and the reasons for refusal are not valid - you'd need to complain to the Housing Association. Ultimately, you could 'take them to court' to make a claim for the cost of repairs.



[When you say the shower tray is cracking - do you mean the (usually white) silicone sealant around the edge of the shower tray has cracked? If so, it's a reasonably simple job to remove all the existing sealant, and apply a new bead of sealant. A plumber would probably take less than an hour to do that - or you could watch some Youtube videos and give it a go yourself.]

Thank you for the advice eddddy. At this stage the housing association are attempting to claim the issue has not been reported within the specified time frame. I have provided written email correspondence that proves otherwise. Some of our defects reported after the shower tray have even been acknowledged and repaired! They have since not replied in a month (hence why I am only responding now). 

Regarding your questions on the cracking. The bottom of the tray itself is cracked in several places. When stepping in/out the initial cracking became apparent. That makes me think the support underneath is inadequate. Or perhaps a faulty tray? 

This movement has also caused the sealant around the tray to split resulting in a non-water tight seal. I am fully competent with the process of removing the existing sealant and already have the necessary silicone + gun. However I have been advised not to conduct any repairs until there is a thorough inspection. 

I hope this information helps. 

penners324

The warranty with the developer starts the day you move in.

Also there is a Consumer Rights issue, the item has to last a reasonable time.