Guarantee on boiler controls in a new build

Lewis_Gerolemou

We moved into a new house exactly one year and two days ago. We are still getting to grips with the underfloor heating but upstairs we have traditional radiators and a thermostat. Last night the rads stayed hot despite turning the stat right down and later turning off upstairs heating on the control box. The developer tells me that he will only attend to snags previously notified. I'm aware that the boiler itself has a long guarantee but what about the controls? Do consumer rights like "merchantable  quality" and "fit for purpose" apply to installations in a new house as opposed to its structure?

theartfullodger

Re-read, very carefully all paperwork provided during the sales process.  Then read again.  Then decide if what the salesman (that's what they are) was telling the truth.

I would document the problem to them, explaining how their brand and reputation would be best protected). Nothing stopping you fixing the issues (after giving bthem a chance 1st) then suing them MCoL

eddddy

Lewis_Gerolemou said:

Do consumer rights like "merchantable  quality" and "fit for purpose" apply to installations in a new house as opposed to its structure?

"Satisfactory Quality" and "fit for purpose" relate to the Consumer Rights Act 2015.

New homes are not covered by the Consumer Rights Act.

(Unless... if you had bought the house on one contract, but bought the heating controls, kitchen appliances, carpets etc as upgrades on a separate "extras" contract - then you might have Consumer Rights Act protection on the "extras" contract.)


What are the terms of the warranty that you got from the developer?

• "Good" developers provide a 2 year warranty against any defects, and a 10 year warranty against major structural defects
• "Less good" developers only provide a 10 year warranty against major structural defects

The heating controls would probably be covered by the 2 year warranty against any defect.

Or more generally, you have to read the contract that you signed with the developer to see what it says about defects / snags.

andyf1980

I’d be surprised if you aren’t covered. Our NHBC was developer responsibility for the first two years. Having said that we swapped out our controls for Hive which was money well spent. 

[Deleted User]

Why on Earth does a year old house have an obsolete boiler? You should be asking why they didn't fit a heat pump.

Lewis_Gerolemou

Our developer has given us a ten year structural guarantee from Advantage, there does not appear to be a two year guarantee but the developer did give us a one year guarantee that he says has expired two days ago. The heating engineer has to call to rectify a separate fault that is included in the snagging list, I'm hoping he will attend to the heating control box at the same time. If he presents me with a bill I will go back to the developer and if necessary the Small Claims Court. To refuse fixing a snag because it's two days late just does not seem fair especially when other developers offer two years

74jax

Lewis_Gerolemou said:

Our developer has given us a ten year structural guarantee from Advantage, there does not appear to be a two year guarantee but the developer did give us a one year guarantee that he says has expired two days ago. The heating engineer has to call to rectify a separate fault that is included in the snagging list, I'm hoping he will attend to the heating control box at the same time. If he presents me with a bill I will go back to the developer and if necessary the Small Claims Court. To refuse fixing a snag because it's two days late just does not seem fair especially when other developers offer two years

But where would it end if they kept adding days on.  You have to draw a line somewhere. 
Some people buy a TV with 1 year guarantee, some people buy with 2 years. Everyone is different and you accept the warranty at time of purchase.
If you have an ongoing fault being looked at by the heating engineer, I would personally appeal to their better nature and try to get them to link this fault to that. 

pinkteapot

If you get nowhere with the builder then try contacting the manufacturer of the control panel (what make is it?). 

I recently had a thread on the DIY forum because the Google Nest that controls our new-build heating failed after 2.5 years. Although the product warranty (nothing to do with the builder) was only 2 years, Google fixed it for free as they've got a widespread fault with these so to avoid bad publicity they're fixing them even out of warranty. Your control panel will have at least a one-year warranty - if you're lucky it might be longer, or the manufacturer may help anyway. 

If it's just a traditional boiler programmer that's failed (where you set timings), they're cheap so while annoying, this won't be a massive cost if you can't get anyone to cover it. 

eddddy

As above, if, for example, it's a standard wireless boiler programmer that's failed, you can probably get a replacement for less than £100 - and get the replacement to sync with your current receiver.

(Just to make sure... it's not just the batteries have run out in the programmer!)

Or maybe take the opportunity to upgrade to a Hive or Nest or similar - so that you can control and program your heating from your phone etc.