Who regulates builders

[premature victor meldrew]

We moved in to our brand new Strathclyde Homes house 26 months ago.

We are still fighting for some major issues to be resolved.
We have a house that 'cracks' of it's own accord yet this is put down to normal expansion and contraction. We have had the french doors adjusted SIX times and still the draught from under them is terrible. The leak above the lounge window was finally repaired after two months, last week, but still i am looking at chip board and lining above my window.
They have now stopped responding to e mails, apparently there is now a letter on it's way via snail mail, what happened to technology??
We have tried and tried to force them to resolve issues but they persist in dismissing us as idiots, vene the M.D promised an investigation and he too has failed in his promise to do so.
Sureky there has to be someone otherthan NHBC who will make these cowboys sit up and take notice?
Please help we are stressed beyond belief dealing with them.
has any one tried solicitor action?

[Colin Jack]

Who regulates builders????

The short and simple answer is YOU DO!!!!!

The slightly longer answer is the person who commissions the works, whether it is an extension or a house. It is their responsibility to ensure that everything is in place, warrants, drawings, permissions, certificates and the like. Some builders do take over many of these roles but it is the person who commissions the work that is ultimately responsible.

In the case of new build - as soon as the house is transferred and you become the owner - you are responsible (see the Building (Scotland) Act 2003). So if you instruct any work, the builder does it and it goes wrong, tough because you instructed it. You should have ensured that standards were agreed or drawings, specifications and the like were in place and that you were happy with for work to proceed before you gave the instruction.

House builders will steer you clear of this because they know that if you agree without drawings, method statements and the like and things do go wrong they can walk away, quite legally, from the mess created. You don’t have a leg to stand on.

If you look at your contract you will probably find a clause stating that you “…are not permitted to request any additional information other than the Completion Certificate…�.
This is done deliberately so that the builder can walk away from the works because they have stopped you from asking for drawings, method statements and the like which you could use against them.

In Scotland the NHBC have absolutely no jurisdiction with regard to building standards and building control (I have said this many times before). As far as I know no-one from the NHBC is on the list of Verifiers and Certifiers under the Building (Scotland) Act 2003. If anyone knows any different please let me know. Therefore the NHBC cannot legally comment on any aspect of construction. So if an NHBC Inspector tells you the cracking is due to thermal movement (expansion and contraction), employ a construction professional and get a more informed opinion. I haven’t met any NHBC Inspectors who are qualified to an appropriate level in the field of engineering and construction.

Remember if you own it – your are ultimately responsible for it. The NHBC is a scam set up by the house builders for the house builders. This has been stated by many and even some of the larger construction institutions.

The Scottish Executive have been aware of builders disgraceful practises for decades and as such in 1994 issued a guidance document called Building Note 1/94 which stated:

“The Ombudsman feels it is absolutely essential for individuals to obtain proper independent professional advice, since the temptation to take short cuts and minimize costs can prove extremely expensive in the longer term.�

and even had the following printed on the Building Warrant form

'WARNING
THE ISSUE OF A CERTIFICATE OF COMPLETION (SEE NOTE 3 OF THE BUILDING WARRANT) IS NO GUARANTEE OF STANDARD OF WORKMANSHIP. APPLICANTS ARE STRONGLY ADVISED TO ENGAGE THEIR OWN PROFESSIONAL ADVISERS AT ALL STAGES OF CONSTRUCTION.'

I have given the link to the Scottish Building Standards Agency website and Building Note 1/94 in other posts.

The legislation is in place to regulate the builders but very few know of its existence and use it. However the builders do and will stop at nothing to keep you clear of it. You will be accused of holding them back. You will be blamed for everything which stops them from walking off with your hard earned cash.

The only way this is going to stop is if homeowners get wise to the legislation and take action. It is you and the builder. There is no-one else in the contract.

[Colin Jack]

Here are the links again

Scottish Building Standards Agency

http://www.sbsa.gov.uk/index.htm

Building Note 1/94

http://www.sbsa.gov.uk/archive/Build...Notes11994.htm

[premature victor meldrew]

thanks for that detailed response, either you are in this line of work or you have had your fingers burnt in the past, either way thanks

[Colin Jack]

Unfortunately both. I do work within construction but thankfully not the housing industry. Although through my work I do have experience of most of the big housebuilder’s antics.

Just over 4 years after taking possession of my home from Bett Homes, now calling themselves Gladedale, I am still without a completion certificate (although I do have completion certificates for other people's properties????). I still have flooding all around my property, still have the timber frame and external brickwork oversailing the under building, still have an insufficient number of wall ties, and so on and so on.

I have done all the NHBC stuff (useless doesn't even come close - criminal would be a better description), solicitor's letters and the like and can safely say that you are on your own when dealing with these clowns. I have found so far that the completion certificate is the key. It is an offence to apply for a completion certificate if it is known that there is a defect which doesn't comply with the Building Regulations. This applies to the owner AND THE BUILDER. The penalties are not great but it means the builder can't just walk away.

I am currently in discussion with my solicitor about raising court action to get the completion certificate I am legally required to receive from Bett Homes (Gladedale). They are not resisting that work needs to be done but they will not give me any drawings, method statements and specifications telling me what work they will be doing. I cannot approve any works if I don't know what the works are going to be. Remember there are only two parties in the contract and only the owner and the builder under the Building (Scotland) Act.

Bett Homes (Gladedale) continue to sight the NHBC as the all approving organisation which as I have stated previously is completely wrong. This is deception in its truest form. In fact if anyone does take the word of the NHBC as gospel and any subsequent works are carried out, upon the NHBC's instruction, then the owner has just removed all of the few rights they have. I have letters from the NHBC confirming this so be very aware. The NHBC are an insurance company - nothing more. They are not experts in construction they merely copy others information, add there own comments, rebrand it, package it all up in a nice pretty set of folders and call them THE STANDARDS. Just put a copy of the Building Regulations side by side with the NHBC Standards and you will see just how similar they are. Then you find out that it is all guidance only. At least the legislation gives some protection:

As quoted from the Building (Scotland) Act:

5 Compliance with guidance documents

(1) Failure to comply with a guidance document does not render a person liable to civil or criminal proceedings.
(2) But proof of compliance with such a document may be relied on in any proceedings (whether civil or criminal) as tending to negative liability for an alleged contravention of building regulations.

It’s all there. You just need to know where to find it. You will certainly not get it from the NHBC or the builder because they have too much to lose.