Where does one stand with the developer?

[Jged]

Hi,

A snagging inspection was carried out on my brother's 2-bedroom house early this week and the findings were sent to the developer to put right. However they have surprised us by there 'don't want to know' attitude.

There were 4 main concerns that were outlined to them:

1. The opening window in bedroom 2 - is not vertically aligned when fully open, and UPVC sill missing on outside.
2. Water pressure on 1st floor - water is more of a trickle when compared to downstairs.
3. All pendant lights flicker for some time before coming on?
4. Downstairs window handle catches on opening.
5. Exposed earth wire in the bathroom?

There actual reply is below:

The property was handed over on the 4/1/07. At that time the purchaser produced a snagging list which was attached to his key release form. Our customer care department then met the purchaser at the property in early March to run through further snagging items that had been raised. I have been informed that the majority of the agreed items have been rectified.

We will not be addressing the cosmetic issues you have raised as the decoration is within NHBC tolerances.

Due to the duration that the purchaser has been in the property we will not be addressing any of the items you raised relating to damage. We do not accept snagging lists for properties that have been lived in for more than 6 months.

In response to the points you raised specifically I can confirm:

1)I believe you are talking about the escape window. I have been informed by the contractor that if you open it to its full extent it tilts to create more room to exit the window in an emergency. If this is not the case the purchaser must advise our customer care department. The over cill is yet to be addressed and our contractor is aware of the need for this work to be carried out.

2)The purchaser has contacted our customer care department on a number of occasions and this has never been brought up. If the purchaser deems this to be a problem they must advise our customer care department.

3)The pendants are fitted with low energy bulbs. These take longer to heat up and do have a tendency to flicker when first turned on.

4)The purchaser has contacted our customer care department on a number of occasions and this has never been brought up. More information will be required. Given that the property has been occupied for more than 6 months this problem may have been caused by damage or wear and tear.

5)With regards to the earth wire on the radiator I have been advised that the reason for this is due to the close proximity of the radiator to a source of water (the bath/wash hand basin). However as this is something that I haven’t come across before I will query this with the contractor and forward you their explanation.

Ther are a lot of other 'cosmetic' issues such as badly chipped door and UPVC window frame, chopped hinges.

Can anyone tell me the developer has a point and that we can't expect to have any of the items rectified? I thought we had rights within a 2 year period of moving into a property?

Any help appreciated,

[willyj]

Under NHBC rules the Developer has more responsibilty than the Builder. This is because the Purchasers contract is with The Developer not the Builder.
The developer does not have a point but is acting like many of the other house sellers mentioned on this forum and playing hard to get in the hope you will go away.
It is up to the developer to deal with the builder to get these faults rectified and, unfortunately,in this case will be acting as go between, taking your complaint and handing it on to the builder. Another reason why the rules are more strict for developers.
I suggest a strongly worded letter back to the developer telling him that snags are snags no matter at what point in the purchasing/moving process they come to light.

[Jged]

Thanks Willyj,

When writing back to the developer would you suggest solicitor action if the faults are not remedied or is that taking things too far? Judging by the tone of their reply as you have seen, they are not going to budge that easily.

Can you confirm that purchasers can get the repairs done within the first 2 years of moving into a property as I would like to state this in the letter? Is this the view of the NHBC? I was going to say to them that even though they have twice done 'quality inspections' snagging issues still remain and that they are under an obligation as the NHBC states to remedy the problems? Can you let me know if I am barking up the right tree!

Thanks
Jged

[willyj]

The developer is responsible for any faults that occur within the first 2 years. After that you are covered for structural faults by the NHBC.
As far as you are concerned you are dealing with the developer not the builder. If the builder goes out of business the developer is still responsible for the faults and has to find someone else to fix them. Therefore you are not interested in what the builder has to say. You have snags and you want them sorted out by the developer.
I suggest you write in this vein, giving the developer a reasonable timescale to work to outside of which you should tell him that you are going to NHBC to make use of their Dispute Resolution Service.
Escalating beyond this with the help of a solicitor is outside my sphere of expertise or experience but I am sure there are others n this forum who will have plenty of good advice so keep posting here.

[Jged]

Thanks Willyj for your reply - very helpful.

Just a quick question. Can you tell me where the line is for the snagger we used to pursue our concerns/snags with the developer? The snagger we used did the inspection/report and sent it onto the developer. Can I expect our snagger to get more involved with the developer to push what appears to be a new fight on our hands with the developer?

Thanks
Jged

[willyj]

Now you are getting into contractual questions and I am not an expert.
I would suggest that to have further involvement of your snagger is going to cost money.
You have a snag list, if the developer is being difficult you can take this up with NHBC who will be able to define what is 'reasonable' on your list via Dispute Resolution.
How you then get the Developer to react to your list is a whole new ball game.
:S

[Jged]

Yes point taken. But, is it the case that most snagging companies operating in the uk don't get involved with disputes and simply offer the service of inspection & report and that is all that is required/expected of them?
Thanks
Jged

[mt2007]

Hi,

I think some of the advice you have been given here may be incorrect. Whether or not you're able to get the developer / builder to remedy many of these items will depend on whether you reported them to him on occupation or very soon afterwards.

As you've been in contact with the developer on other issues previously, if you didn't at the time mention things like chipped UPVC then they will assume there was no damage at that time. They're not responsible for any wear and tear or damage to property which occurs after you take occupation.

They are responsible for defects which occur during the first two years, for example if your roof starts to leak. As I understand it, if you find anything wrong within the first 2 years which you could not be expected to have been aware of on occupation and which has clearly not been caused by anything you have done since moving into the property, the developer is responsible and the NHBC can assist you with this.

Obviously if you did report all these issues on or around the time of occupation then yes I would pursue the developer to get these issues resolved. Good luck.

[Tony]

Jged wrote:

But, is it the case that most snagging companies operating in the uk don't get involved with disputes and simply offer the service of inspection & report and that

No, it depends which snagging company you used and what service you opted for. Many outfits seem to come and go - choose someone reputable like New Build Inspections Ltd. Like everything going for the cheapest doesn't mean you get the best value for money.

Proliferation of new home 'snagging' services brings new risks

[Tony]

Just to add to this - when keys are handed over you are often asked to sign a sheet stating that there are no scratches to windows and worktops. Don't sign this without looking...