Minor Defects on new build. Within 2 years

nxdmsandkaskdjaqd

I purchased a new build property from a local small company (2 owners, limited company) and the property came with a structural warranty policy which covers the 10 year period.

The builders are not responding to my requests for some MINOR defects to be rectified (less than £1000).

The structural warranty policy states that if the builder does not respond or refuses to undertake the work then they will cover the claim, if over the excess which is £1000. The policy also states that it will only cover MAJOR defects. (Major defects are defined as structure which adversely affects the property’s structural stability, resistance to damp and/or water penetration, etc).

My questions are, what are the legal responsibilities of the builder in this first 2 year period to fix MINOR defects.  If I have the work completed, can I then take them to a small claims court to cover the cost of the repairs? 

sheramber

What does your paperwork stse about small repairs?

Did the biulding company give any guarantee?

Does the house have  a NHBC certificate?

eddddy

nxdmsandkaskdjaqd said:

My questions are, what are the legal responsibilities of the builder in this first 2 year period to fix MINOR defects.  If I have the work completed, can I then take them to a small claims court to cover the cost of the repairs? 

The legal responsibilities of the builder are whatever it says in your contract and warranty.

Some contracts/warranties say that the builder agrees to fix minor defects that appear within the first 2 years.

But it sounds like your contract/warranty doesn't say that. If that's the case, you wouldn't have a basis for taking the builder to the small claims court.

nxdmsandkaskdjaqd

sheramber said:

What does your paperwork stse about small repairs?

Did the biulding company give any guarantee?

Does the house have  a NHBC certificate?

Yes I do have an independent certificate similar to NHBC, but no reference to MINOR defects only Structural ones.

No specific guarantees from the builder.

nxdmsandkaskdjaqd

eddddy said:

nxdmsandkaskdjaqd said:

My questions are, what are the legal responsibilities of the builder in this first 2 year period to fix MINOR defects.  If I have the work completed, can I then take them to a small claims court to cover the cost of the repairs? 

The legal responsibilities of the builder are whatever it says in your contract and warranty.

Some contracts/warranties say that the builder agrees to fix minor defects that appear within the first 2 years.

But it sounds like your contract/warranty doesn't say that. If that's the case, you wouldn't have a basis for taking the builder to the small claims court.

It sounds like I have no case.  Would the Consumer Rights Act 2015 help me?

eddddy

nxdmsandkaskdjaqd said:

It sounds like I have no case.  Would the Consumer Rights Act 2015 help me?

The Consumer Rights Act provides protection when you buy "goods" (or services).

The act defines "goods" as:

(8)“Goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity.

Link: https://www.legislation.gov.uk/ukpga/2015/15/section/2

A house or flat (or land) isn't moveable, so they aren't covered by the Consumer Right s Act.



Arguably, there is a very limited exception with newbuilds - buyers sometimes enter into 2 contracts....

• Contract 1 to buy the house from the developer for £x
• Contract 2 to buy the 'extras' from the developer - like white goods, carpets, etc - for £y

In that example, the white goods, carpets etc could be defined as "goods" - which means that Contract 2 is covered by the Consumer Rights Act.

nxdmsandkaskdjaqd

Do I have a legal course of action if I was to cite:

• Industry best practice which were not followed
• Manufacturer recommendations that were not followed

LightFlare

What are the actual defects you are wanting to be fixed ?

user1977

nxdmsandkaskdjaqd said:

Do I have a legal course of action if I was to cite:

• Industry best practice which were not followed
• Manufacturer recommendations that were not followed

On what basis, if your contract didn't include any guarantee? There aren't any overriding statutory rights (because you had independent legal advice and an opportunity to negotiate something better).

nxdmsandkaskdjaqd

LightFlare said:

What are the actual defects you are wanting to be fixed ?

Bacterial contamination in the underfloor heating resulting in defective manifold flow valves.  Caused as a result of inhibitor/biocide not being added to system during commissioning.