New House Guarantee/Warranty
Discussion
About 12 months ago we moved into a 2 1/2 year old house. Since then, we have had no end of problems with plaster falling off/cracks appearing. From having the house looked at by a local builder, it would seem that the plaster board has just been tacked together rather than properly skimmed so the cracks are appearing where the boards join together.
We've spoken to the builders and they claim that because the house is outside its 2 year warranty we have no come back whatsoever (even though the problem existed due to substandard original work by their builders). So, a couple of questions:
1) If it can be proven that the work was substandard originally, would the building company be liable to fix it?
2) If my partner went to the local show home for a new development with pictures of the house in its current state to show to potential purchasers would she legally be in the wrong and open to being sued by the building company?
Many thanks,
DJ (I really do not look forward to replastering bill for the whole house or a legal bill for my other half)
We've spoken to the builders and they claim that because the house is outside its 2 year warranty we have no come back whatsoever (even though the problem existed due to substandard original work by their builders). So, a couple of questions:
1) If it can be proven that the work was substandard originally, would the building company be liable to fix it?
2) If my partner went to the local show home for a new development with pictures of the house in its current state to show to potential purchasers would she legally be in the wrong and open to being sued by the building company?
Many thanks,
DJ (I really do not look forward to replastering bill for the whole house or a legal bill for my other half)
_DJ_ said:
2) If my partner went to the local show home for a new development with pictures of the house in its current state to show to potential purchasers would she legally be in the wrong and open to being sued by the building company?
We used these tactics to get our builder to sort our new house out about 5 years ago, used to ask people in the street as they were heading into the site sales office, if they wanted to look round a 6 month old one
didnt take the builder long to get round to fixing everything on our list. However this was only 6 months from new and not 2+ yearsDepends wether the building comapny was registered with a federation like NHB. I think the liability is 5 years internal and 10 years bricks and mortar but it may be worth checking if the company that built the house was registered with any kind of federation et al, and they will let you know the liability.
Gareth
Gareth
James here:
The new build NHBC guarentee relates to the following: 2yrs warrenty and 10yrs structural. If you approach the builder with a non structural problem ie shrinkage cracks etc the builder does not need to do anything after the 2yrs. Structural relates to foundations etc.
It is normal for cracks to appear in platerwork within months as it is a natual drying product. We normaly along with most builders touch cracks in after 6mths. Cracks appearing after 2yrs are still likely to be shrinkage cracks that the builder is perfectly legit in not attending to, a bit like saying my tyres or brake pads wore out two years after purchase. Your wouldn't expect your dealer to fix them would you???
However if the plastering was not done to NHBC standards in the first place you have got come back. I can't remember the rules for plastering of the top of my head. Speak to the NHBC but for example if the standards required a taped joint and it wasn't taped then the builder would have to put that right.
The likelyhood is that what you describe is a natural effect on the property is normal shrinkage and won't be covered.
Just remember every house is handbuild prototype built in the outdoors in the uk inclement weather, with natural materials, it is expected to crack and shrink. Even peoples homes that are over 200yrs old crack.
Until we can build homes in indoor factories with inert materials there will always be cracks. There will always also be the gap in customer expectations and what the industry can provide. this gap is cureently increasing faster than the industry can fill it.
Hope that helps
ie. unless the builder built it wrong(unlikely) I'm sorry but it's normal, unless it's structural.
The new build NHBC guarentee relates to the following: 2yrs warrenty and 10yrs structural. If you approach the builder with a non structural problem ie shrinkage cracks etc the builder does not need to do anything after the 2yrs. Structural relates to foundations etc.
It is normal for cracks to appear in platerwork within months as it is a natual drying product. We normaly along with most builders touch cracks in after 6mths. Cracks appearing after 2yrs are still likely to be shrinkage cracks that the builder is perfectly legit in not attending to, a bit like saying my tyres or brake pads wore out two years after purchase. Your wouldn't expect your dealer to fix them would you???
However if the plastering was not done to NHBC standards in the first place you have got come back. I can't remember the rules for plastering of the top of my head. Speak to the NHBC but for example if the standards required a taped joint and it wasn't taped then the builder would have to put that right.
The likelyhood is that what you describe is a natural effect on the property is normal shrinkage and won't be covered.
Just remember every house is handbuild prototype built in the outdoors in the uk inclement weather, with natural materials, it is expected to crack and shrink. Even peoples homes that are over 200yrs old crack.
Until we can build homes in indoor factories with inert materials there will always be cracks. There will always also be the gap in customer expectations and what the industry can provide. this gap is cureently increasing faster than the industry can fill it.
Hope that helps
ie. unless the builder built it wrong(unlikely) I'm sorry but it's normal, unless it's structural.
Thanks for such a thorough reply James. I (we) appreciate shrinkage etc is part of the process. We lived in a new Wimpey home previously and I experienced cracking (to a much lesser extent). My concern is that my hand built prototype is a 'Friday afternoon' house. This week we've had a 5 foot crack appear in one room with 2x2 foot patches of plaster that have fallen off the wall to reveal the plaster board underneath, another 2 cracks appear from the top to the bottom of both walls (adjacent to each other) in another room and in some areas of the bathroom wire mesh is visible like it was never plastered over (this only came to light because we have repainted the room).
My partner works in the trade and has had someone in to look at the work. He concluded that it was substandard (to his standards, I'm not sure how they compare official standards) and he personally would replaster the room entirely.
The builders have washed their hands of it, and refuse to even inspect the original work to confirm whether or not it was performed correctly (even though they have a local office).
I'm not a particularly fussy person, but I don't think it is unreasonable to expect a house to be built to a standard where plaster falls off the wall in chunks after a few years.
>> Edited by _DJ_ on Monday 26th January 22:45
My partner works in the trade and has had someone in to look at the work. He concluded that it was substandard (to his standards, I'm not sure how they compare official standards) and he personally would replaster the room entirely.
The builders have washed their hands of it, and refuse to even inspect the original work to confirm whether or not it was performed correctly (even though they have a local office).
I'm not a particularly fussy person, but I don't think it is unreasonable to expect a house to be built to a standard where plaster falls off the wall in chunks after a few years.
>> Edited by _DJ_ on Monday 26th January 22:45
I read recently that the problem with cracking along the joints between plaster-boards is owing to the sheer size (8' X 4'?) of the boards. Naturally, a board that size will move a lot with changes in humidity. The boards are that size for ease of manufacture, transport, etc., but they should be cut into small strips (say 1' wide) before being fixed to the battening (I am an amateur woodworker, so am faced with the same problems of handling movement in boards - with the added complication that it's mostly in one direction).
The problem is most commonly seen in the ceiling. My house is 100 years old (in the main) and the ceiling is lath and plaster ... no cracking. An extension built 18 years ago has plaster-board ceiling and walls ... and there is cracking along the joints.
Streaky
The problem is most commonly seen in the ceiling. My house is 100 years old (in the main) and the ceiling is lath and plaster ... no cracking. An extension built 18 years ago has plaster-board ceiling and walls ... and there is cracking along the joints.
Streaky
DJ
From what you describe it could be substandard. The chance of getting it remedied outside the two yrs is slim. I would suggest you speak to the NHBC asap and raise it as an issue that was evident prior to the two yr period and see where you get.
There HO number is 01494 434477 and ask to speak to an inspector.
From what you describe it could be substandard. The chance of getting it remedied outside the two yrs is slim. I would suggest you speak to the NHBC asap and raise it as an issue that was evident prior to the two yr period and see where you get.
There HO number is 01494 434477 and ask to speak to an inspector.
I too had terrible problems with a new house, not so much major stuff like plaster and cracks but more endless 'snagging' stuff like kitchen, painting, appliances, windows, doors, floors, electrics - an endless list of annoying stuff of which none was 'covered' by the NHBC which appears to be structural only.
The only way I got this resolved was to regularly pester the MD of the (local) company, visit him at his offices, telephone him at home and contact the suppliers of things like kitchens and get them to visit and give a report on the fitting. Eventualy the problems were sorted but it was hard work.
Take pictures, get a log of all contact/problems and keep annoying them and they'll have to sort it just to get rid of you...
The only way I got this resolved was to regularly pester the MD of the (local) company, visit him at his offices, telephone him at home and contact the suppliers of things like kitchens and get them to visit and give a report on the fitting. Eventualy the problems were sorted but it was hard work.
Take pictures, get a log of all contact/problems and keep annoying them and they'll have to sort it just to get rid of you...
Hi DJ
If you have plaster falling off walls and cracks appearing throughout the property you should consider carefully whether the route cause of the problem is structural. Whilst this may sound pessimistic, it may actually be good news because you would be able to get the internal cracking repaired consequent upon the structural repairs that would be covered by your NHBC guarantee and, even if the NHBC did not honour thir guarantee (highly unlikely in my 12 year experience as a chartered building surveyor)then you would be in a position to claim against your buildings insurance. Look particularly for cracks to the external walls of the property correspondingly outside the internal cracking, ask neighbours whether they have experienced problems with subsidence, ask yourself whether anything has happened to change the water content in the ground around your house (have trees been cut down recently, for example?). If you find anything suspicious, ask an RICS qualified Building Surveyor to look at the property and prepare you a brief report to take to the original builder. Be reasonable but firm - most builders (contrary to popular belief)are concerned with their reputation and will respond if they think they have someone on their hands who genuinely wants a genuine problem solved and who isn't going to go away.
Good luck!
Peter
If you have plaster falling off walls and cracks appearing throughout the property you should consider carefully whether the route cause of the problem is structural. Whilst this may sound pessimistic, it may actually be good news because you would be able to get the internal cracking repaired consequent upon the structural repairs that would be covered by your NHBC guarantee and, even if the NHBC did not honour thir guarantee (highly unlikely in my 12 year experience as a chartered building surveyor)then you would be in a position to claim against your buildings insurance. Look particularly for cracks to the external walls of the property correspondingly outside the internal cracking, ask neighbours whether they have experienced problems with subsidence, ask yourself whether anything has happened to change the water content in the ground around your house (have trees been cut down recently, for example?). If you find anything suspicious, ask an RICS qualified Building Surveyor to look at the property and prepare you a brief report to take to the original builder. Be reasonable but firm - most builders (contrary to popular belief)are concerned with their reputation and will respond if they think they have someone on their hands who genuinely wants a genuine problem solved and who isn't going to go away.
Good luck!
Peter
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