Snagging & outstanding works in communal areas

[louisec25]

Dear All

My husband and I purchased our new flat almost 2 years ago and for 14 months we had a long battle with the developers, trying to have them carry out the major works required in our new home. Unfortunately, the developers went into administration in October 2008 and we are now dealing with Zurich under our 10 years Building Guarantee so as to bring our home up to a satisfactory standard.

The problem now lies with the communal areas of our development. Many of the areas within the development have been 'handed over' to our Factor, apart from one stair and the underground car park. At the time the developer went into administration, there were around 35 unsold flats in a development with 135 flats in total. The administrators led us to believe for 5 months that they were willing to carry out our remaining 'snagging' and outstanding works in the communal areas, which we had submitted to them as a claim way back in December 2008.

They have only told us this week, when most of the unsold flats have been sold, that they are only willing to carry out the works in the only stair which at the point of administration had not been 'handed over' to our Factor. Although all other stairs were 'handed over' from the developer to the Factor and there was never any consultation with the owners. Our Factor accepted stairs on the owners’ behalf even when they were acting as the developer’s agent and did so knowing that there were 'snagging' issues within each stair which the builder agreed to rectify. It has also come to light that the developer owed considerable debts to the Factor for the maintenance of the unsold flats, which the Factor is now implying that we, as owners, are now responsible for.

Our underground car park has also not been 'handed over' to the Factor. The administrators claim that they are under no obligation to complete the development, certainly not the areas which have been handed over to the Factor. It appears that they are willing to complete the works in the ‘unadopted’ stair only.

There was a 10ft heavy metal panel which came off our roof recently, landing in the garden area and which could have killed someone. The roof was inspected and the panel had been poorly fitted with remaining panels found in a similar state. The administrators were made aware of this and continued to sell flats to prospective buyers.

Do the administrators have any obligations to complete the development to a satisfactory standard?

Does the Factor have any obligations to complete the development to a satisfactory standard?

If owners are unhappy with the works carried out in the ‘unadopted’ stair, what rights do they have? Do they have to accept the Factor taking over that stair?

What is the Factor obliged to do for the ‘unadopted’ stair if owners are unwilling to accept the handover?

With regards to the stairs which were handed over without consultation with the owners, where do we stand with regards to outstanding works?

We are trying everything we can before approaching Zurich which will ultimately be costly and we have had firsthand experience of their unwillingness to accept items on a claim.

Thank you for taking the time to read this; sorry quite a complicated situation but any help or advice you may have would be greatly appreciated.

Many thanks Louise