Roof leak outside of NHBC warranty

We do have a building expert who visits the forum, I will send your message on and hopefully we'll get you a reply in the next few days.

Defective work in construction projects

You either have 6 or 12 years to report latent defects such as this. The Sale of Goods Act limits liability to 6 years, although it doesn't apply to new build homes it indicates the kind of limits that are in place

I think that any claim on the NHBC policy would be quickly rebutted by the NHBC. What you have to remember is that they are an insurance company. Can you imagine ever your car insurers entertaining a claim 5 days after the policy expired? Trust me it is hard enough during the policy duration let alone afterwards.! Also these sort of claims would most likely not be considered serious enough to be a claim after year two of the NHBC policy.

The next problem you have is proving that the fault is a latent defect i.e. it was there but not apparent when you entered into the contract. The 12 year limit is for contracts signed under deed. I take you are the original owner?

Personally I think the cost you would incur proving that the fault is due to the builders negligence, employing a solicitor when the builder tells you they are not liable and all your personal time, you would be better advised to have the roof repaired and forget about claiming. That is unless the defect is so great that that the whole roof requires stripping. That would be then worth looking at again.

At the moment you do not know where it is leaking or for how long or indeed if something totally unrelated to the original builder caused it.

I am looking at this practically from my experience with house builders and the NHBC. People I have dealt with in the past sometimes wish they hadn't bothered!

If you did decide to claim you would have to collate evidence of your claim with the help of a surveyor and then approach the builder.

Hope that helps.

As you are probably aware the NHBC policy runs for 10 years maximum although years 3 to 10 are for major (mainly structural) defects. The first 2 years the builder puts rights the defect direct.

If the fault was not notified within the NHBC policy period you have no claim...period. It matters not that the leak may have started in the period.

The cost of putting your case together against the builder will no doubt outstrip the roof repair, costs you may never recover. No matter how bitter this is to swallow I would find the leak and have it repaired.

There is nothing to stop you approaching the builder to see what their response is but you first need to identify exactly the problem. You could then say with certainty what the latent defect is. You never know they might just be willing to cooperate. At least you would know if you have an expensive fight on your hands.

I do hope you get somewhere with them but let us know anyway what they say.

If you have a problem with your new build home and snagging, get in contact with New Build Inspections - www.newbuildinspections.com There is also a good article on this site - https://whatconsumer.co.uk/buying-a-new-build-home/

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