Freeholder's responsibility?

Franzipani

I own a leasehold first floor flat in a small block, converted from retail premises in 2013. Over time it has become evident that an internal wall and some of the floorboards are sinking (ie there is a problem with the underlying support/ excessive settling). A surveyor has concluded that it is the freeholder's problem to solve. However, the building insurer is refusing to pay because they say it is a construction problem and the original builders are not communicating. Who is legally responsible for this? Does/ should the building insurance assume responsibility for construction defects? The managing agents were first notified of the problem back in 2021 but they only started doing anything about it in the summer of 2024, and now we seem to have reached an impasse and nothing is progressing. Is there any time limit within which these things should be sorted out and what can I do to get to a resolution?

MyRealNameToo

Franzipani said:

I own a leasehold first floor flat in a small block, converted from retail premises in 2013. Over time it has become evident that an internal wall and some of the floorboards are sinking (ie there is a problem with the underlying support/ excessive settling). A surveyor has concluded that it is the freeholder's problem to solve. However, the building insurer is refusing to pay because they say it is a construction problem and the original builders are not communicating. Who is legally responsible for this? Does/ should the building insurance assume responsibility for construction defects? The managing agents were first notified of the problem back in 2021 but they only started doing anything about it in the summer of 2024, and now we seem to have reached an impasse and nothing is progressing. Is there any time limit within which these things should be sorted out and what can I do to get to a resolution?

No, design and build issues are normally explicitly excluded from insurance. 

So is the problem within your flat alone or impacting other units? 

user1977

Why has there been correspondence with the builders? Had they provided a warranty which ought to cover the defect? Or another member of the professional team involved in the development?

MeteredOut

Has anyone challenged the insurers statement that it is a construction problem, or do you/the freeholder accept that?

gwynlas

NHBC  cover if issued would have expired in 2023 so either it is covered by insurance or by the freeholder who will of course charge to leaseholders