Post exchange - developer being unhelpful re: snagging

Calidad

We have just exchanged on a new build property and the developer is being very unhelpful when it comes to their snagging policy. They have offered us a single date where we can bring in a professional snagger pre-completion and are advising they’re not obligated to entertain any snagging reports post-completion (we want to carry ours out shortly after moving in). We are due to complete in a few weeks. 

The developer is part of the CCHB + LACB etc and we have the standard 2 year warranty period for snags, but they appear to be avoiding answering our question on how they deal with snagging during the 2 year post-completion period. The developer is relatively reputable and we’ve also spoken to someone who already lives on the estate who said he snagged pre and post completion without issues. 

We’re about to send the email exchange with the developer on this matter to our solicitor and we’ve also spoken to a professional snagger who advised that developers will often try and push customers to do a pre-completion snag if they opt to use a professional, as the developer can better control the time and access on the property, but that they cannot prevent us getting it snagged after we move in. This is our understanding too. Whilst appreciating people have mixed experiences with new builds/developers, I have not previously come across anecdotes of a developer not accepting snags post-completion. 

Any advice? 

eddddy

I'm not sure that your solicitor will get involved in this in the way you hope.

In simple terms, the developer's snagging policy will be what it says in your warranty contract. You shouldn't take too much notice of anything the developer says beyond that - because it probably won't be enforceable.


It will probably be easier for the developer to fix snags before completion, while tradespeople are still on site (who can each fix their own mistakes), rather than finding tradespeople in 18 or 24 months time. So they'd prefer to get a list of snags pre-completion, and get as many as possible fixed now, rather than wait 18 or 24 months.

Also, with things like chipped plaster, scraped walls, scuffed door frames, etc - there can be arguments about whether the damage was there before completion, or whether you did it after completion.


And when you ask the developer how they deal with snagging reports, I suspect it depends on the nature of the report...

... whether they are real snags, or frivolous things, or wear and tear, or damage caused by you.

Calidad

eddddy said:

I'm not sure that your solicitor will get involved in this in the way you hope.

In simple terms, the developer's snagging policy will be what it says in your warranty contract. You shouldn't take too much notice of anything the developer says beyond that - because it probably won't be enforceable.


It will probably be easier for the developer to fix snags before completion, while tradespeople are still on site (who can each fix their own mistakes), rather than finding tradespeople in 18 or 24 months time. So they'd prefer to get a list of snags pre-completion, and get as many as possible fixed now, rather than wait 18 or 24 months.

Also, with things like chipped plaster, scraped walls, scuffed door frames, etc - there can be arguments about whether the damage was there before completion, or whether you did it after completion.


And when you ask the developer how they deal with snagging reports, I suspect it depends on the nature of the report...

... whether they are real snags, or frivolous things, or wear and tear, or damage caused by you.

Thanks for your reply. 

We would be intending to get snagging done within the first couple of weeks of moving in. We would not be looking to find faults that don't exist - neither of us are unreasonable people. We just want to make sure things have been done properly. 

We were told by a snagger that many don’t do pre-completion snagging, as developers often only give them a couple of hours on site and don’t necessarily get access to all areas like the loft and aren’t able to use as many of their tools/equipment - and the reports are therefore of less value to the client. 

We are are fine with a pre-completion inspection, but don’t understand why the developer would not accept a snagging report shortly after moving in (otherwise what’s the point of the 2 year warranty period)?

Noted on the warranty contract. 

Slinky

I don't understand why you would not things to be fixed before you move in if there's the chance.  Why do you think things will only be done 'properly' if you are there to see them being done? It's not like you've been there to see things being 'done properly' from getting out of the ground upwards.

[Deleted User]

Yeah, if you can get snagging done early, it has a better chance if finding issues than if all your stuff is in there.

Calidad

Slinky said:

I don't understand why you would not things to be fixed before you move in if there's the chance.  Why do you think things will only be done 'properly' if you are there to see them being done? It's not like you've been there to see things being 'done properly' from getting out of the ground upwards.

Why can’t we do both? We’re happy to do a walk round with the site manager prior to completion, which as you say will be an opportunity to address issues prior to moving in. That’s great - we fully intend to do that. 

What we also want to do is to get a professional snagger in post-completion, where (by their own admission) they can do a more complete job and where access and time isn’t controlled by the developer. 

eddddy

Calidad said:

Slinky said:

I don't understand why you would not things to be fixed before you move in if there's the chance.  Why do you think things will only be done 'properly' if you are there to see them being done? It's not like you've been there to see things being 'done properly' from getting out of the ground upwards.

Why can’t we do both? We’re happy to do a walk round with the site manager prior to completion, which as you say will be an opportunity to address issues prior to moving in. That’s great - we fully intend to do that. 

What we also want to do is to get a professional snagger in post-completion, where (by their own admission) they can do a more complete job and where access and time isn’t controlled by the developer. 

You say you have a two year warranty - so you can do both.

But obviously, read the warranty to check what it covers.


(I wonder if you might have simply had a confrontational discussion with the developer, which has resulted in misunderstandings and a bit of friction.

And as I said earlier, it's the warranty contract that counts, not what either of you say in discussion with each other.)

theartfullodger

Sue them . Obvs...

GixerKate

The snagging isn't a one-time thing, you have up to 2 years to report items (may take longer for the developer to get around to fixing them).  We did a snagging list about 2 weeks after we moved in and then when we found the odd issue (leak in the bathroom being one example) we reported it and got it added to our snagging list.  We then did a final snagging report about a week prior to the 2 year cut off.

AndyKM2024

Get a snagging survey package. Pre and post completion. Are quite useful. Or you can do it yourself if you can however doing it by an accredited specialist will have more weight done the line. I've used this list for myself.