Q. We got the keys for our new home in a housing estate about two years ago. Everything was quite rushed at the end, and the builder promised us that certain jobs would be done. Some jobs were done, most were done shoddily and some not at all. We probably did not keep on top of things as much as we should have. The estate is now finished and builders have moved on, but we still have issues – from subsidence cracks to missing tiles in the roof to creaking floorboards. We are concerned that we may have missed our chance to get these issues looked at.
Dear Reader,
How you progress matters would depend greatly on the contracts you signed at the outset, and the steps that you and your engineer may have taken prior to completion.
In the sale of any newly constructed home, your opportunity to address major and minor defects would be governed by the terms of your contract and building agreement. Most agreements provide that major defects be remedied within a period of around 18 months, and minor defects within six. Your contract and building agreement may well stipulate a different time scale.
That said, often matters such as defects in paint, minor plastering works, or damage due to works caused by third parties are not covered by these provisions of your contract or building agreement. The last stipulation may be important if you had other contractors do final works such as tiling or flooring.
Your contract and building agreement most likely included a ‘snagging’ period. This is a period between the completion of the property and the closing of the sale, in which you and your engineer can survey the property, noting any defects with a view to having them addressed and remedied before the sale closes (before you hand over the purchase monies).
Often, a contract will confirm that there is no liability to the builder for minor defects if they are not pointed out on the snag list.
It may be the case that an insurance policy to cover structural issues was entered into by the builder. Policies such as these would, generally, cover smaller defects which allow water or smoke into your home or cause harm, as well as major damage caused by defects in the initial construction of the property. These policies would not cover issues that arise from defective building materials (such as pyrite blocks) and would have a limit on the maximum amount payable.
Lastly, it may be the case that your own engineer failed to notice serious issues with the property – and there may potentially be a liability there.
However, you do state that you have perhaps not moved matters on as promptly as possible. You should now consult with your solicitor as a matter of urgency to ensure that you protect your position.
