Decking and DPC levels

[Bri44]

In the front, they are saying they will dig a trench and backfill with free draining gravel.

I`m asking them where the water will drain to as I`ve dug the trench as deep as it goes before hitting hardcore.

They have not answered despite me asking several times.

[newhome]

Goodness that is very bad. I would quit talking to the builder, get a different builder in to quote to remedy the issues, and then write to the builder formally and tell them that you are going to take them to court. 

 

Unfortunately unless you got something in writing that cosmetic things like cracked tiles would be fixed I think you’re probably stuck with those but there seem to be quite a few structural things that you can potentially claim for. 

 

I know what it’s like struggling to get a developer to fix issues but mine were nowhere near as bad as yours seem to be. 

 

A Google search turned up this site if useful

 

http://m.brand-newhomes.co.uk/taking-a-builder-to-court.htm

 

 

[Ferdinand]

I would have small claims on my mind by this point.

 

That may cut through any persnicketying about who is responsible between the developer and the warranty provider, if the judge decides on a commonsense basis.

 

F

[Bri44]

Thanks guys. Any particular type of conpany I should be contacting? I'm near Portsmouth.

 

once the decking is eventually sorted  they have to start on the render repairs. Cracks and staining everywhere. At first they said they would only repair the cracks and paint over these areas leaving the house all streaky. I had to dispute this, I contacted Weber and sent the developer Webers technical manual on how repairs should be carried out.

 

My house takes ages to heat up, goes  old real quick, I have trickle vents on windows, even when closed I can hear every little noise outside. Main road 800 metres away sounds like it's outside my house. Probably bad insulation etc. 

 

As as for the tiles, 4 are cracked, 2 at each side of two door frames as though under stress from frame or floors moved up.

 

it has been and still is a struggle.

 

they lied to LABC saying I got a discount to buy the house sold as seen with faults, I have the emails from LABC saying this, my solicitor(their recommended one) said in an email this is not true. 

 

Ill get quotes and then then it may have to be a legal route.

 

 

 

 

 

[Sue B]

Is it a small builder or a national well known name?

 

I too thought it was an old house that you had just bought, and were uncovering DIY bodge jobs.

 

I would now go out and get quotes to fix the work to my satisfaction, send them to the company with a deadline for them to agree the work, or you will go to court and invite the relevant media outlets to the court proceedings.

Edited April 13, 2019 by Sue B

[Bri44]

28 minutes ago, Sue B said:

Is it a small builder or a national well known name?

 

I too thought it was an old house that you had just bought, and were uncovering DIY bodge jobs.

 

I would now go out and get quotes to fix the work to my satisfaction, send them to the company with a deadline for them to agree the work, or you will go to court and invite the relevant media outlets to the court proceedings.

 

 

It is a big developer who claim to be a caring family run business.

 

problem I have is, as long as they reply and look as though they are doing something, they are not in breach of LABC rules. They drag everything out.

 

they have known the decking is rotted for over a year, I mentioned to them my foot went through. Their reply, as you did not report this within the first two years it's not our problem. What the hell, I'm thinking they don't want it ripping out because it may uncover other defects. 

 

This is a slug, they come in from under the skirting board near the front door.

 

 

 

 

[newhome]

3 hours ago, Ferdinand said:

That may cut through any persnicketying about who is responsible between the developer and the warranty provider, if the judge decides on a commonsense basis.

 

I looked at the LABC warranty. It’s clear who is responsible initially but LABC ‘may’ be able to help through conciliation which means nothing TBH. It also notes that it is restricted to issues in their technical manual. It says elsewhere that things like central heating, appliances aren’t included but these look more structural so surely would be. 

Problems within the Defects Period

During this period the developer is responsible for rectifying any defects (which are deemed to be a failure to comply with our Technical Manual). You must report any faults to the developer in writing as soon as possible, making sure you keep a copy of this correspondence.

If you have reported these issues to your developer within the Defects Period and either:

a)     They have failed to rectify them within a reasonable time period, or;

b)     They are unable to rectify them due to their insolvency

Then we may be able to help through our conciliation service. Please note that we will only be able to assist with issues governed by our Technical Manual.

 

LABC Warranty

 

[Bri44]

42 minutes ago, newhome said:

 

I looked at the LABC warranty. It’s clear who is responsible initially but LABC ‘may’ be able to help through conciliation which means nothing TBH. It also notes that it is restricted to issues in their technical manual. It says elsewhere that things like central heating, appliances aren’t included but these look more structural so surely would be. 

Problems within the Defects Period

During this period the developer is responsible for rectifying any defects (which are deemed to be a failure to comply with our Technical Manual). You must report any faults to the developer in writing as soon as possible, making sure you keep a copy of this correspondence.

If you have reported these issues to your developer within the Defects Period and either:

a)     They have failed to rectify them within a reasonable time period, or;

b)     They are unable to rectify them due to their insolvency

Then we may be able to help through our conciliation service. Please note that we will only be able to assist with issues governed by our Technical Manual.

 

LABC Warranty

 

 

I had to get LABC involved and then open 2 disputes with the dispute resolution service. One to have the roof repaired again, the 2nd for the DPC levels. LABC. The developer said, water pooling on the roof because the roof was lower than the exit point for the drainpipe was not a build defect and met the building spec etc. LABC said it was a fault.

 

What is reasonable time? The developer is dragging it out, making excuses, then trying to say its my fault for not allowing the work to start. LABC report was sent to them FEB 2018, It is only the past few months they have been asking their contractors to quote.

 

The DRS/LABC have now said they are unable to assist on how the developer sorts the deck as its not a structural part of the house, even though it has been fixed to the house and causing damp. They say, they can only tell the developer to do remedial works that will stop the damp, however, rain will still splash against the render if it is cut back by 150mm and left 40mm above dpc.

 

LABC said this in their report which I have now said, if they are unable to tell the developer how to fix, then they should not make a suggestion.

 

 

 

Item No 2 - ‘Ground level at or around DPC level’ 
 
Our Observations: 
 
 The external ground level on all three elevations is at or close to damp proof course (DPC) level i.e. less than 150mm below DPC. See photographs 6, 7, 8 and 9. 
 
Conclusions and Recommendations: 
 
 All paving and drives with the exception of the principle level access into the dwelling should be laid at least 150mm below the damp proof course of the dwelling.  
 
 A simple ground work solution to resolve the problem could be to;  
 
1. Cut back the various external ground finishes at least 150mm back from the face of the external elevations.  
 
2. Excavate the 150mm wide trench to a depth of 300mm from the level of the DPC.  
 
3. Form the edges of the trench.  
 
4. Back fill the 300mm deep trench with 150mm free draining gravel.  
 
5. Level the upper 150mm of the trench clear to maintain the 150mm clearance of the DPC.  

 

 

 

Quote

 

 

Edited April 13, 2019 by Bri44

[newhome]

To be honest you may need to get a surveyor in to do a full assessment. At least then you have something concrete to put to the builder / warranty provider, and it would count as an expert opinion, not just quotes from builders that however good they are could be argued as just their opinion. 

 

There is a post here where someone did that 

 

https://forum.buildhub.org.uk/topic/9265-new-build-quality/?do=findComment&comment=157804

 

Hopefully you have been doing already, but put every contact with the builder in writing. If you have a conversation with them follow it up with an email to confirm the conversation. 

 

On the insulation front, when I bought my previous house from a large developer it had no insulation in it at all, despite the fact that we were handed a guarantee for the insulation. It appears that they had ‘missed’ installing any insulation for a whole group of houses. You could ask a surveyor to assess that aspect too as a new build these days should be pretty well insulated if it conforms to building regs. 

 

Tell the builder and LABC that this is the route you will now go down and will take them to court to fix the defects plus you will expose the house builder for their poor quality, and LABC for signing off houses that are sub standard. 

 

 

[Bri44]

[newhome]

4 minutes ago, Bri44 said:

Conclusions and Recommendations: 

 

I kind of accept that LABC may not be responsible for the deck although they will be responsible for the issues with the damp so this is what I suspect their report is based on. The developer however sold you the house with the deck so they are indeed responsible for it and should therefore be responsible for rectifying the issues it causes to the property AND providing a deck that is fit for purpose IMO. 

[Bri44]

3 minutes ago, newhome said:

To be honest you may need to get a surveyor in to do a full assessment. At least then you have something concrete to put to the builder / warranty provider, and it would count as an expert opinion, not just quotes from builders that however good they are could be argued as just their opinion. 

 

There is a post here where someone did that 

 

https://forum.buildhub.org.uk/topic/9265-new-build-quality/?do=findComment&comment=157804

 

Hopefully you have been doing already, but put every contact with the builder in writing. If you have a conversation with them follow it up with an email to confirm the conversation. 

 

On the insulation front, when I bought my previous house from a large developer it had no insulation in it at all, despite the fact that we were handed a guarantee for the insulation. It appears that they had ‘missed’ installing any insulation for a whole group of houses. You could ask a surveyor to assess that aspect too as a new build these days should be pretty well insulated if it conforms to building regs. 

 

Tell the builder and LABC that this is the route you will now go down and will take them to court to fix the defects plus you will expose the house builder for their poor quality, and LABC for signing off houses that are sub standard. 

 

 

 

 

Thanks, it is looking like this is my only option now.

 

What do you make of LABC  saying a fix "could be"  The developer are using that saying this is the repair LABC have recommended even though it is only a suggestion and they aren`t allowed an opinion on it anyway. I have that in an email from them.

[newhome]

Just now, Bri44 said:

 

 

Thanks, it is looking like this is my only option now.

 

What do you make of LABC  saying a fix "could be"  The developer are using that saying this is the repair LABC have recommended even though it is only a suggestion and they aren`t allowed an opinion on it anyway. I have that in an email from them.

 

Think my post above this covers this? LABC are saying they are only responsible for the issues with the house thus their recommendation only relates to addressing that aspect. The developer however IS responsible for providing you with everything they sold you being fit for purpose including the deck. 

[Bri44]

So I have asked the developer at least 10 times to explain what this means via a detailed schedule of works which they have not provided.

 

All they send is this saying as per LABC recommendation. I`ve asked where the water will drain to as there are no drains there, I get, it is free draining gravel. It is like talking to a Potatoe.

 

A simple ground work solution to resolve the problem could be to;  
 
1. Cut back the various external ground finishes at least 150mm back from the face of the external elevations.  
 
2. Excavate the 150mm wide trench to a depth of 300mm from the level of the DPC.  
 
3. Form the edges of the trench.  
 
4. Back fill the 300mm deep trench with 150mm free draining gravel.  
 
5. Level the upper 150mm of the trench clear to maintain the 150mm clearance of the DPC.  

 

 

[Bri44]

2 minutes ago, newhome said:

 

Think my post above this covers this? LABC are saying they are only responsible for the issues with the house thus their recommendation only relates to addressing that aspect. The developer however IS responsible for providing you with everything they sold you being fit for purpose including the deck. 

 

 

I agree, but they will try the old Sold as seen on me, just like saying me reporting my foot going through is out of the 2 year warranty, it is just excuse and lies from them. They just simply want to cut it back by 150mm but have not said what they will do with the spars attached to house etc. 

[Declan52]

I think what has been suggested above is your only route left. You have been nice and reasonable so far and gave them every opportunity to fix the defects. 

Your going to have to pay for a surveyor and let him loose on the complete house and produce a list of all the faults. This could be quite a lengthy list going by what you have already told us about. 

Get your solicitor to write a letter containing the list of faults stating that they have a set period of time, 6 weeks maybe, to fix these issues or your going down the legal route plus you will get the local paper involved. There seems to be more coverage given to these stories now with plenty making the national papers. 

Your only going to get one chance at this so you need to find all the hidden issues.

[Bri44]

1 minute ago, Declan52 said:

I think what has been suggested above is your only route left. You have been nice and reasonable so far and gave them every opportunity to fix the defects. 

Your going to have to pay for a surveyor and let him loose on the complete house and produce a list of all the faults. This could be quite a lengthy list going by what you have already told us about. 

Get your solicitor to write a letter containing the list of faults stating that they have a set period of time, 6 weeks maybe, to fix these issues or your going down the legal route plus you will get the local paper involved. There seems to be more coverage given to these stories now with plenty making the national papers. 

Your only going to get one chance at this so you need to find all the hidden issues.

 

 

Yea I will have to, more money to fork out. It is depressing. 

 

I had already told my story in the local paper 18 months ago, they gave a bs reply saying they are fixing faults. I went on local BBC radio, they declined to comment. 

I think I`ll build a website detailing every single thing and I expect after a survey, I`ll find more issues.

[Bri44]

So is it a chartered surveyor, structural surveyor or home snagging company I need?  I don`t want to have to pay separate companies etc, 

[newhome]

You need a RICS accredited surveyor I think. 

 

https://www.ricsfirms.com/residential/moving-home/surveys/rics-consumer-guide-home-surveys/

 

 

[Moira Niedzwiecka]

A friend of mine bought a new build & had horrendous problems.

The developer tried to delay & fob her off so many times.

She wrote to the CEO directly.

He got involved & they ended up buying the property back from her & covering all costs.

[Bri44]

1 hour ago, newhome said:

You need a RICS accredited surveyor I think. 

 

https://www.ricsfirms.com/residential/moving-home/surveys/rics-consumer-guide-home-surveys/

 

 

 

 

Thanks, I`ll sort one out.

[Bri44]

31 minutes ago, Moira Niedzwiecka said:

A friend of mine bought a new build & had horrendous problems.

The developer tried to delay & fob her off so many times.

She wrote to the CEO directly.

He got involved & they ended up buying the property back from her & covering all costs.

 

 

I have written to the directors, they just pass it back to the regional director who fobbed me off. Once I`m armed with a full report, I`ll take them on. 

[newhome]

45 minutes ago, Bri44 said:

 

 

I have written to the directors, they just pass it back to the regional director who fobbed me off. Once I`m armed with a full report, I`ll take them on. 

 

TBH I imagine they get so many people complaining and threatening them they just ignore most of it until enforcement action is taken. The majority of people won't go as far as that. 

 

Here's another site that mentions court action etc

https://hoa.org.uk/advice/guides-for-homeowners/i-am-managing-2/fix-problems-in-a-new-build-home/

 

[Bri44]

I think you are correct. 

[Mr Punter]

There have been a couple of recent articles in the national press about housebuilders defects so this could be of interest. You have lots of photos so perhaps contact the papers / websites with your story.

 

I am a developer and I am keen that this sort of cowboy practice is driven out as it ruins the perception of new build homes.