leaky conservatory on new build house - who's responsible?
leaky conservatory on new build house - who's responsible?
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anonymous-user

Original Poster:

77 months

Tuesday 8th June 2010
quotequote all
As the title suggests, I bought a new build home a few years ago, negotiated a good deal on a conservatory to be added by the builder (persimmon) as part of the build, meaning it would match the house and would be covered by the NHBC 10 year guarantee.

It has had constant problems with leaks from the roof, the company that were sub-contracted to erect the conservatory have been very quick to come out, remove and refit the roof panels, reseal etc about 5/6 times over the last 3 years, however the leaks still remain - I am at the end of my tether, I'm unsure if I can effectively reject another useless 'repair' and get them to fit a new roof, or take the thing away and refund my money, as they consistently cannot fix it!

Anyone have any similar experiences with positive outcomes?

Busamav

2,954 posts

231 months

Tuesday 8th June 2010
quotequote all
is it the roof itself that leaks or is it just a poor flashing detail where it abutts the house wall ?

anonymous-user

Original Poster:

77 months

Tuesday 8th June 2010
quotequote all
I don't think it's the flashing, the water drips down from various places on the top ridge, they've removed and replaced the roof panels more times than I care to remember and the ridge must have about 5 full tubes of white silicone sealant slathered all over it (which even if it did do the job would only have a finite life), I'm reluctant to let the conservatory company back out as they've proved they can't fix it, the homebuilder will probably just refer it back to the conservatory installer, NHBC guarantee does cover it but I'm unsure if in the end they'll just send the concervatory installer back out - i.e. I'm no better off.

mk1fan

10,835 posts

248 months

Tuesday 8th June 2010
quotequote all
Sounds like there's a fundamental detail issue.

You don't say how many years you been there other than that repairs have been made over the last three years.

The developer is liable but it might be a bit late to PROVE that unless you have a dated acknowledgement from them each time the repair has been attempted.

I'd contact the developer and say that this is unacceptable. They have tried and failed to fix the problem so are either incapable of identifying the problem or not skilled enough to fix it.

I would tell them that you're going to a, report it to the NHBC and b, get an independant Surveyor to look at it and report back to you. And that the cost of this and any further repairs will be claimed back against them.

Then report it to the NHBC.

Then contact a local Surveyor to come and inspect it.

Where are you located?

Edited by mk1fan on Tuesday 8th June 18:45

anonymous-user

Original Poster:

77 months

Wednesday 9th June 2010
quotequote all
Cheers for the response. I'm based in central Scotland, have lived in the house for 4 years and have owned it since new - the conservatory is covered by NHBC as it was bought through Persimmon and installed as part of the package when we bought the house. It's been leaky since day 1, however 4 years ago we had a rare dry summer and didn't notice there was a problem until that winter, however the conservatory installers have been out at least once every year since.

It's a difficult situation in that Persuimmon themselves won't have anyone who can repair it (don't big homebuilders just subcontract everything these days?), the sub-contractor installers don't seem to be able to fix it, and I've not heard anything but bad things about NHBC and their reluctance to help, I was thinking of going down the trading standards route in that the product isn't fit for the purpose it was designed.

rsv gone!

11,288 posts

264 months

Wednesday 9th June 2010
quotequote all
yellowbentines said:
Cheers for the response. I'm based in central Scotland, have lived in the house for 4 years and have owned it since new - the conservatory is covered by NHBC as it was bought through Persimmon and installed as part of the package when we bought the house. It's been leaky since day 1, however 4 years ago we had a rare dry summer and didn't notice there was a problem until that winter, however the conservatory installers have been out at least once every year since.

It's a difficult situation in that Persuimmon themselves won't have anyone who can repair it (don't big homebuilders just subcontract everything these days?), the sub-contractor installers don't seem to be able to fix it, and I've not heard anything but bad things about NHBC and their reluctance to help, I was thinking of going down the trading standards route in that the product isn't fit for the purpose it was designed.
Your contract is with Persimmon. If their subcontractor can't fix this latent defect then they should employ another.

Don't let the fact that a subcontractor fitted this conservatory give Persimmon a get-out or allow then to fudge the issue. Remember that you paid Persimmon, who undoubtedly put a mark-up on the subcontractor's price.

anonymous-user

Original Poster:

77 months

Wednesday 9th June 2010
quotequote all
Well, the company that installed the conservatory and visited on numerous occasions to try and repair are today denying that they have ever been to my house, and are also denying that they actually ever installed any conservatories at the development for the homebuilder Persimmon!

Persimmon have said they'll 'look into things' and get back to me, from previous experience this means 'I'm off for a cuppa, I'll look into it when you've called back 5 or 6 times to chase me up'.

NHBC have said they'll try to help, especially as the problem was initially reported within the builder's 2 year liability period, however have asked for proof of who I spoke to and when I reported it and the name of the person that came out to try and repair on each visit - who keeps notes of names of everyone they have contact with each day!

mk1fan

10,835 posts

248 months

Wednesday 9th June 2010
quotequote all
Write an open letter to both Persimon and NHBC stating that the situation is unacceptable and that you are going to appoint someone to carry out an independant inspection the cost of which will be claimed back against Persimon.

They've had plenty of time to sort it out and have failed. It's time to sort out your home so it's weather tight.

Contact the RICS to get details of some Chartered Building Surveyor in your area.

anonymous-user

Original Poster:

77 months

Wednesday 9th June 2010
quotequote all
Cheers, I'm going to do exactly that then, however I think I'll hold back on actually instructing the surveyor until they have a day or so to respond, just in case they're feeling forthcoming with a solution. A friend owns a letting agency so can recommend reliable RICS surveyors in the area so I'll be ok there.

mk1fan

10,835 posts

248 months

Wednesday 9th June 2010
quotequote all
Just to confirm, you'll be responsible for the cost of an independant inspection and report you then have to sue the developer to get the money back.

Even if the developer sends someone round to inspect it get their suggestions independantly checked.

It should be something very simple though. Probably a workmanship issue or a mis-sized component rather than a latent defect with the design.

If they've pumped a load of silicone up there to try and cure it then I suspect there's a missing or mis-sized component.