New Build - Problem after problem

[rohana]

We moved into our new home 5-6 Months ago and we have had many problems. Boiler, Ariel, telephone wiring was all done wrong. When our boiler was on infact it was off, when it was off it was on. They have sorted out a few of these problems, but the boiler still remains a problem. When we moved in, we did not have hot water or heating for a few weeks. Surely all of these things should have been in working order when they handed over the house to us.

Also another problem is the front doors have three glass panels on and we cannot lock our doors from the inside with a key. All we have on the inside of the door is a latch which you turn to lock the door. If anyone was to break one of these glass panels on the door and put their hand through and turn the latch they can get into the house. It's pointless locking the door from the outside, as they can break the panel, stick their arm through turn the latch, the door will be open. The developer admitted that this was a problem after I pointed this out to them; they confirmed it was a design fault. Instead of putting in new locks they have decided to cover the glass panels with opaque film. They have confirmed also that thee doors meet the regulations by NHBC. Surely this cannot be correct. How can you not be able to lock your door from the inside with a key, take the key out at night and go to bed? Who would I need to go to get this checked out?

Also the new development that we are on, the current developer has sold off the plans to another developer and further phases will be done by another developer. Do they not have to let the residents know about this? They have also confirmed that the landscaping which looks nothing like on the brochure will be finished by the new developer, but I am not convinced.

Also the development does not have sufficient drains, when it rains there is a huge build up of water as there is not sufficient drains. As there is a lake nearby this could be dangerous as there may be risk of flooding. I have pointed this out to the developer, but nothing has been done as of yet.

Any advice would be appreciated or any suggestion who I can speak to.

[Tony]

Dear Rohana,

Welcome to the forum.

There are a number of questions here:

Boiler

Firstly, were you rushed into the new house before the end of January. This is very common and often results in home owners being moved in when the property is not ready and problems with two major systems in the property which should have certification from a competent person i.e. an electrician and a plumber. Do you certification - this will be on the fuse box for the electrics? Did you receive a Corgi certificate for the boiler? If not request one here Request a Certificate. Once you have this you can get the installation inspected by Corgi Faulty Work.

Front Door

Good developers will work to the Police Secured by Design standards - Secured By Design: Doors. Your hasn't and the problem is it is only voluntary and as they say a deisgn flaw. What does the specification say? I am assuming that you have an NHBC warranty, and they do have standards that cover external doors. It sounds like they are trying to implement a low cost bodged solution but it is difficult to say - give the NHBC a ring. I will look it up for you.

I don't think they have to let the residents know who they have contracted to work on the properties.

I hope this helps

Tony

[Tony]

From 2007 NHBC Standards:

SECURITY
Items to be taken into account include:
(a) locks to main entrance doors
DWELLINGS
The main entrance doors of individual
dwellings should be fitted with one (or
more) securely fixed lock and keep which
complies with BS 3621 or has:
• at least 1000 differs, and
• a fixing which, if burst open, would not
pull out without breaking the door or its
frame, and
• a hardened steel bolt or inserts to
prevent sawing, and
• latch and deadlocking facility
and is preferably openable on the inside
by a single simple manual operation not
requiring the use of a key.
Any glazing which, if open or broken,
would permit release of the snib by hand
or arm entry should be laminated.
Multipoint locking systems (espagnolettes)
are alternatives to conventional locks
provided they meet with the above
requirements.
FLATS AND MAISONETTES
Locks to entrance doors of individual flats
and maisonettes of three or more storeys
should be openable from the inside by
a single simple manual operation not
requiring the use of a key.
To avoid the possibility of the door
becoming locked during a fire while one of
the occupants is outside the dwelling the
lock should not have a self locking latch.
(b) opening limitation devices to main
entrance doors
A securely fixed opening limitation device
should be fitted to main entrance doors.
Opening limitation devices should be fitted
to the entrance doors of individual flats
and maisonettes.
In sheltered accommodation opening
limitation devices should be of a type
capable of being disengaged from the
outside with a key.
(c) view outside main entrance door
There should be a means of giving a wide
angle view of the area immediately outside
the main entrance door of individual
dwellings. Acceptable ways include:
• a through-door viewer
• clear glazing either to part of the door
or a convenient window
• closed circuit television.

[rohana]

Dear Tony

Many thanks for the information. There is so much to look into and research but there is just no time. They confirmed the other day that the doors meet the regulations by NHBC. But I am not convinced. I want proof. What do I request from them? I have contacted NHBC and have requested the resolution service and have told them about the front door. Another thing I did not mention to you is that the area seems to be a flood risk as there are not sufficient drains around and when there is a down poor, the water really builds up around the Houses. I am concerned as the Houses are surrounded by a lake and it extreme weather conditions there may be a flood. The developer again said that this also meets the regulations etc and passed the NHBC standards. Anyway these two items have been reported to the NHBC and not quite sure what will happen next.

All the other issues, i.e., boiler, crack on the wall, our en-suite extractor fans is making a terrible racket, etc, are pending for the warranty people to come and look at and fix. I will see what they do this time round and also see if the problem with the boiler is fixed as it's been an on going thing for the last 5Months. They are going to change the thermostat and see if that works, as our heating will not come on unless the Thermostat is above 26/27. It's only when you put it up to this level that the boiler clicks and comes on. Let’s see what happens.

Should they not have handed over this house to us, with everything in working order? Is there no such thing as handover check lists showing that, boiler, TV aerial, telephone lines, electrics were checked prior to handover? I cannot find any certificates for the boiler i.e. showing if installed/checked by a corgi registered person

I am currently working on another e-mail to the developer and any tips what to say or what to ask them would be appreciated.

I am also thinking of taking Legal advice, but I am not sure if I would have a leg to stand on. To challenge a big Developer etc. Also the cost etc.

Additionally, they made a big mess of our house while we were on holiday. We just completed and then went on holiday; we decided not to move in until we got back. We left the keys at the Sales office, because a few things needed to be fixed etc while we were away. We got back and went t in to the house, to see that in our main bathroom floor, there was glass on the floor, in the bath. Also they were due to do some work in the loft of which there was all this yellow fluff everywhere. They even entered the main bedroom and there was the yellow fluff on our bed. We called the completion Lady who was surprised to hear what happened and quickly got the on-site cleaners to come and clean our house. She stated that they had no need to go into the bedroom as they were merely just doing work in the loft, i.e. insulation, hence the yellow fluff. Anyway the developer cannot explain what happened and have completely ignored the fact that we had glass on the floor and also all this stuff on our bed as well as a mark on our mattress protector of which we had not even slept on yet. They asked me to forward the receipt to them and they would give us a refund as a goodwill gesture. The only way that this stuff could get on our bed was if someone went on the bed.

So this is our story, we are so fed up with the developer and just don’t know what to do. We have been in the house for 6 Months and have not had a day without feeling cheated and inconvenienced enormously by the developer and really want to take this further, but how is the question.

They have offered no sympathy at all. They just keep on challenging us.

[Tony]

Rohana you are not alone there are thousands of people in this situation. The Office of Fair Trading are investigating the industry and are due to report back soon. Hopefully, they will improve consumer rights.

The people who work on your home often have not been socialised and have little respect for anybody or anything. I wouldn't let them work unsupervised in your home.

If you go down the legal route you will need deep pockets and it takes many years - expect to pay in the region of £50,000 - £60,000. There is a risk that you will lose this money, but they never usually go to court and will settle out of court.

Make sure you keep meticulous records with photos and always follow up phone calls with e-mails to confirm conversations - print these. Try to have a friend or neighbour at site meetings.

You could consider getting a professional snagging inspection carried out from New Build Inspections (Professional Snagging Lists), at least then you will have a definitive list of snagging items rather than reporting them in dribs and drabs.

Flooding is a tricky one so many new homes are built on flood plains not sure what to advise really, personally I would have avoided buying it - sorry

Should they not have handed over this house to us, with everything in working order? Is there no such thing as handover check lists showing that, boiler, TV aerial, telephone lines, electrics were checked prior to handover?

Yes, there is normal a snagging inspection/handover inspection before completion for you to check these items. I guess this didn't happen.

I cannot find any certificates for the boiler i.e. showing if installed/checked by a corgi registered person

There has to be, give CORGI a ring.

I am currently working on another e-mail to the developer and any tips what to say or what to ask them would be appreciated.

Create a number list of snagging defects and outstanding issues send it to them asking for a site visit from the Customer Care Director to discuss remedial action and that you expect this meeting to happen within two weeks. Keep it factual, doesn't get emotional and don't mention taking legal advice just yet. Next stop is the NHBC resolution service.

I hope this helps

Tony