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Consumer rights on repairs in new build homes - shared ownership

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  • saajan_12
    saajan_12 Posts: 5,936
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
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    From what I can gather, the developer's new builds are backed by NHBC, which normally includes a 2-year defect liability period and a subsequent structural period up to 10 years.

    As I bought the home through a third party (the housing association), who has the contractual relationship with the developer? Is it me or the HA? If it is the housing association, is it their responsibility to apply to the developer to fix this?

    For people who are saying I should fix this myself - I would have a go, but I am worried I would make it worse and then that would definitely increase my liability.


    NHBC is a contractual guarantee frequently included in new builds but not a statutory right. So step 1 is to check what your particular contract stated about 1 / 2 / 10 years guarantee. If you're still within the period then only would it be worth delving deeper into who does what. 
  • Apologies for posting this in the wrong section.

    I have checked the defects guide provided by the HA and it states the following:

    Defects & Shared Ownership
    If you’re a shared ownership customer defects will still be covered by the developer for the first twelve months after handover (not your move in date). Please speak to your New Homes Executive to find out when your properties defect liability period ends. At the end of your defect liability period, the contractor will return to carry out the ‘end of defect’ inspection as normal and will rectify any defects highlighted then.
    So this appears to show I am not covered for defects after 12 months. However, further down in the FAQ, it states the following:
    I’m a shared ownership customer, what happens when the defect period ends? As a shared ownership customer you will be responsible for all repair works after the defect liability period ends. Latent defects however are an exception to this rule.
    So my argument here is that this is a latent defect. But it does not appear to state what avenue I need to use to report this.
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