What are my rights?

[GH]

Our upstairs ceiling runs out by 32mm and it transpires that the roof trusses are out of level.
The Builder and NHBC have suggested that the ceiling is lowered by way of battening out the trusses and re plaster boarding, whilst this would resolve the ceiling problem the roof trusses are still out! Do I have to accept this or can I insist they repair it properly.
I also have problems with various floors running out by 25mm from the wall plates. Can any one advise me on what my legal rights are, as I feel the house should have not been signed off on completion with these faults.

[Tony]

The problem with new homes is that you have very few consumer rights. If you are not happy with the solution and I don't think I would be, you need to make a formal complaint then you can take your complaint to the Financial Ombudsman who regulate the NHBC.

Complaints and disputes procedure
If you are not satisfied with the way we have handled your request for assistance or your claim, please write to the
Claims Manager at NHBC’s Milton Keynes office at Ash House, Breckland, Linford Wood, Milton Keynes MK14 6ET.
The Claims Manager will contact you after your file has been reviewed. Please quote NHBC's claim reference
number in all your letters.
If you are still not satisfied after the review, please write to the General Manager - Claims at the above address.
The General Manager - Claims' own staff will investigate or review your file and give you a written response.
Our aim is to review your file and respond to you within 10 working days of receiving your complaint.
The Financial Ombudsman Service
If you remain dissatisfied after the General Manager has reviewed your claim, you are entitled to ask the Financial
Ombudsman Service to investigate the handling of your claim. There is no charge for this service, which is completely
independent of NHBC.
You can obtain a leaflet giving details of the independent Financial Ombudsman Service direct from NHBC, or from:
The Financial Ombudsman Service
South Quay Plaza, 183 Marsh Wall, London, E14 9SR
Tel: 0845 080 1800 Financial Ombudsman Service
The Financial Ombudsman Service will inform you of its findings following investigation. We must accept its decision,
but you need not.
The Financial Ombudsman Service can only consider complaints against NHBC relating to our insurance cover.
The Financial Ombudsman Service is unable to consider issues relating to the builder's obligations.
Arbitration
If you do not wish to refer your dispute with us to the Financial Ombudsman Service, or if you do not agree with its
decision, you may refer the dispute to independent arbitration. You may also refer a dispute with the builder to arbitration
where we are unable to assist under our Resolution Service, or if you disagree with our Resolution Service report.
The Arbitrator (or Arbiter in Scotland) will be appointed by the Chairman or Vice-President of the Chartered Institute
of Arbitrators.
You can obtain details of the arbitration procedure and appropriate application forms from:
The Chartered Institute of Arbitrators
12 Bloomsbury Square, London, WC1A 2LP
Tel: 020 7421 7444
The arbitration scheme is completely independent of NHBC. If you have any questions about the arbitration
procedure, you should consult a solicitor or a Citizens Advice Bureau.
Under the Consumer Arbitration Agreements Act 1988 you may have the right to pursue claims in court rather than
at arbitration.
NHBC complies with the Association of British Insurers’ Claims Code.
The code can be viewed on the ABI’s website: The Association Of British Insurers, or we can send a copy to you on request.

[GH]

Thanks Tony.
Do you think I would get a more favourable responce from NHBC if I forwarded an independent report.
Regards
GH

[Tony]

Have you received a resolution service report? Arbitration would include a second opinion, I don't believe it is cheap though - Housing and Property: IDRS - Dispute Resolution Services

I think registration is £500 alone.

I would try making a complaint with the NHBC first.

[GH]

Thanks Tony
I will let you know the outcome!!!.
GH

[fabianZ]

Interesting story. As Tony mentioned, arbitration is very expensive and could be a suboptimal solution. Bit you'll never know before ...

[peteboy]

NHBC can be very hard to deal with, I never got anywhere when trying to sort out noise problems in my new house.

[peteboy]

NHBC can be very hard to deal with, I never got anywhere when trying to sort out noise problems in my new house.

A lot of letter writing but never any progress!

[marlyn1]

NHBC waste of time waiting in for them as they do not appear to know what they are talking about.

Get your own surveyor, get a report compiled, have him or her oversee the work and claim the costs back from the builder. Its the only way to get the problem done properly and to your satisfaction.

A quote from a NHBC representative about windows; "ah the builder only puts in basic quality cos what they found was if Mrs Jones puts in new double glazed windows the rest of the estate follows". So the moto is put in rubbish windows as someone might them replace them anyway. I was gob smacked at this comment.

One big scam buying a new build.

[GKandR4CH]

Hi GH,

If you get no luck with the NHBC (and believe me they are not worth the paper they are written on) try the CIC. (Construction Industry Council) The NHBC are members with them and I am sure they will not want to lose their membership with them. So complain to them.
Good luck.

GK