DPC and air bricks below the ground level

[ls523]

We've recently moved into a new-build (completed in May 2023) and been made aware of an issue with the DPC and the air bricks to the rear of the house (with bifold doors opening to a patio). Both DPC (which lies above the air bricks) and air bricks are below the ground level and covered by gravel (see image attached).

 

We talked to the developed who said that they are below the ground level because the patio has to have a level threshold. To allow sufficient ventilation, the developer suggested to cut back the patio 150mm from the rear house wall on both sides of the bifold doors, dig out below the air bricks and then fill the bottom of the trench with gravel so that the top of the air bricks will be 150mm above the gravel.

 

I am not happy with the proposal by the developer, because 1) I am not sure if 150mm wide trench is sufficient, as NHBC Technical Guidance says "air bricks below general ground level are acceptable with continuous strip of lowered ground extending at least 600mm away from front of air brick(s)". and 2) The proposal didn't solve the issue that the DPC below the bifold doors are still below ground level. The Building Regulations about a level threshold and the DPC being 150mm above ground level seem to contradict with each other.

 

Could anyone advise what is the best solution to fix this issue and whether it would impact the value of the house?

 

(On a related note, the house passed Building Control during construction. I emailed Building Control, who basically admitted that they didn't check air bricks at all. I wonder if I could do anything about it).

 

All suggestions are highly appreciated. Many thanks!

[Moonshine]

5 hours ago, ls523 said:

We talked to the developed who said that they are below the ground level because the patio has to have a level threshold.

 

If they knew the bifold had to have a level threshold they should have allowed for it when seting out the dpc / vent hieghts. 

 

I don't like the developers proposal as it sounds like a bodge and the easiest / cheapest way to 'fix' the defect.

 

Have you asked building control what they deem the correct remedial work would be?

[BadgerBadger]

Does your new build come with a warranty? This is the sort of defect they should have picked up during build. As the warranty could be responsible for claims on future issues I'd definitely involve them on remedial work.

[Andehh]

Give your local building control office a call, and ask them to come out and inspect and advise. Most of them are a helpful bunch.

 

I bet the developer self certified and dropped the ball on landscape here. Even gravel will get bunged up with debris and allow damp to breach, it's a crappy job to keep it "clean".

[ls523]

We emailed Building Control, who said, "Building Control do not offer a guarantee, our completion certificate is issued on the premise that as far as we can reasonably ascertain, we believe the property to be compliant with the building regulations." and "We will have checked the air bricks at an early stage in the build, when the ground floor was being constructed. Landscaping etc sometimes occurs after our final inspection, and they may have got covered over during this stage. It is the builders responsibility to demonstrate compliance with the Regulations and to ensure the building is handed over to the owner in a condition that is fir for purpose." This is simply not true, as patio was already done when they signed off the certificate. 

 

We also contacted the warranty provider, who suggested we "would need to raise these issues with the developer in the first however, If you feel dissatisfied with this you do have other options such as taking legal action or contacting trading standards." and "submit a claim after the 2-year period for defects". 

 

It seems that both Building Control and Warranty do not feel responsible...

[Roger440]

4 hours ago, ls523 said:

We emailed Building Control, who said, "Building Control do not offer a guarantee, our completion certificate is issued on the premise that as far as we can reasonably ascertain, we believe the property to be compliant with the building regulations." and "We will have checked the air bricks at an early stage in the build, when the ground floor was being constructed. Landscaping etc sometimes occurs after our final inspection, and they may have got covered over during this stage. It is the builders responsibility to demonstrate compliance with the Regulations and to ensure the building is handed over to the owner in a condition that is fir for purpose." This is simply not true, as patio was already done when they signed off the certificate. 

 

We also contacted the warranty provider, who suggested we "would need to raise these issues with the developer in the first however, If you feel dissatisfied with this you do have other options such as taking legal action or contacting trading standards." and "submit a claim after the 2-year period for defects". 

 

It seems that both Building Control and Warranty do not feel responsible...

 

I cant speak for the small print on your warranty, but you have no comeback on building control. They are protected by law from any responsibility. (which is why i always question what actual use the whole process is?)

 

The advice to persue the builder would seem correct. Trading standard wont be much use as houses are not covered by the normal consumer protections.