Consumer rights on repairs in new build homes - shared ownership

kraven_t_punter

We have lived in a new build house for 13 months, which we own 50% on shared ownership.

We have made no modifications to the bathroom, and our toilet has developed a leak at the back when we flush. This has happened through no fault of our own. I have contacted the housing association from which we bought our 50% share, who are saying that as our 12 month maintenance period has expired, we would now be responsible for the repair.

So my question - are new houses, specifically shared ownership houses, subject to the Consumer Rights Act 2015 (SADFART) rules? If so, I presume these are with the people we bought the 50% share from (the housing association) and not the developers?

For me, 13 months is not a reasonable length of time for a toilet to develop a fault like this. If the housing association is not willing to fix this, who can I complain to?

MyRealNameToo

CRA doesnt apply to property

For normal house buyers you would have a 15 year new build structural guarantee with a 2 year limit on more minor issues. A google shows that for Housing Association properties this 2 years is typically reduced to 1 year. 

born_again

As a rule consumer rights do not apply to houses.

https://www.housing-ombudsman.org.uk/centre-for-learning/key-topics/shared-ownership-housing-ombudsman/

Were you not advised of the time limit on purchase?

user1977

Apart from anything else, isn't this a relatively trivial plumbing job?

kraven_t_punter

MyRealNameToo said:

CRA doesnt apply to property

For normal house buyers you would have a 15 year new build structural guarantee with a 2 year limit on more minor issues. A google shows that for Housing Association properties this 2 years is typically reduced to 1 year. 

Thanks for your reply. Just been doing some research on this and it seems you are right that The Consumer Rights Act doesn’t apply to the property itself.

However, from what I can gather, most new-build homes (including shared ownership) are covered by a standard 10-year warranty such as NHBC/Premier/LABC. These warranties include a 2-year defect liability period where the builder is responsible for fixing defects, regardless of whether the property is sold via a housing association.

I’m not aware of any standard rule reducing this to 1 year for housing association properties. If you have evidence of this, please share the source or the specific warranty wording.

born_again

kraven_t_punter said:I’m not aware of any standard rule reducing this to 1 year for housing association properties. If you have evidence of this, please share the source or the specific warranty wording.

I'm not aware of any 1 year rule, could be different between housing associations, but that should have been explained by solicitor or whoever was dealing with the legal side of things.


Does it not just require a bit of sealant around the rear join?

sheramber

kraven_t_punter said:

MyRealNameToo said:

CRA doesnt apply to property

For normal house buyers you would have a 15 year new build structural guarantee with a 2 year limit on more minor issues. A google shows that for Housing Association properties this 2 years is typically reduced to 1 year. 

Thanks for your reply. Just been doing some research on this and it seems you are right that The Consumer Rights Act doesn’t apply to the property itself.

However, from what I can gather, most new-build homes (including shared ownership) are covered by a standard 10-year warranty such as NHBC/Premier/LABC. These warranties include a 2-year defect liability period where the builder is responsible for fixing defects, regardless of whether the property is sold via a housing association.

I’m not aware of any standard rule reducing this to 1 year for housing association properties. If you have evidence of this, please share the source or the specific warranty wording.

nost, not all.

What paperwork do you have about your share ownership?  What does your lease say?

kraven_t_punter

born_again said:

kraven_t_punter said:I’m not aware of any standard rule reducing this to 1 year for housing association properties. If you have evidence of this, please share the source or the specific warranty wording.

I'm not aware of any 1 year rule, could be different between housing associations, but that should have been explained by solicitor or whoever was dealing with the legal side of things.


Does it not just require a bit of sealant around the rear join?

Potentially, but I'm not a plumber.

sheramber said:

nost, not all.

What paperwork do you have about your share ownership?  What does your lease say?

I haven't checked this far yet, but basically from what you are saying, there is no statutory protection?

Altior

Interestingly, for me anyway, my one year was from the completion date of the building completion, rather than the completion of the purchase. Due to solicitor hold ups and back and forth, I didn't actually 'move in' until August when it had been completed since the preceding October. Two months after I got the keys, they were doing the one year inspection/handover!

I wasn't even properly living in it as it was my very first house of my own, and I needed furniture, flooring, broadband etc.

Anyhow, after the inspection I identified faulty guttering. As I'd got the keys in the summer, only two months before the handover, I was unaware that there was a problem with the guttering, as there'd been practically no rain.

At first they tried to resist accountability, claiming it could be leaves lol. I kicked up a significant fuss, explained that they are meant to be not for profit et al. Eventually they conceded and sent someone out to inspect, it was identified half of the guttering on the property had been fitted incorrectly, and all had to come down to be replaced (at the HA's expense).
 

kraven_t_punter

user1977 said:

Apart from anything else, isn't this a relatively trivial plumbing job?

Yes probably. But isn't it expensive to get a plumber out, even for a trivial job?

If this was a brand new toilet which I had paid for and had fitted by a professional, I would have been protected against this fault by consumer law.

user1977

kraven_t_punter said:

user1977 said:

Apart from anything else, isn't this a relatively trivial plumbing job?

Yes probably. But isn't it expensive to get a plumber out, even for a trivial job?

Yes, which is why I'd do trivial stuff like this myself rather than engage a plumber.

There are no warranties imposed by statute, any guarantees would have been part of your purchase contract and should have been explained to you during the purchase.