We have had may cases over the years dealing with defects and construction problems. As many of you are aware, when houses fly up quite quickly due to a boom in construction, often problems start to arise.

Some builders are very good and thorough, others less so. In all the years we have been trading we have seen many of both types.

What if there is a problem with a construction?

When you purchase a property, it is important to use a professional, and that they check about guarantees. There are three types of guarantees, one year, three year and ten years. These apply to different things.

If you buy a re-sale over 15 years old for example, then you should not be surprised that there are no warranties. But if say, you have purchased an apartment built five years ago, with one previous owner, then
there will still be the ten year guarantee in place. It is important to make sure you have the right paperwork when buying. How to Apply for UK Grant of Probate (Marilyn’s story)

The ten year guarantee covers major structural defects, such as subsidence, issues with the foundations and all the dire things that can happen to a property when it is not constructed properly. There is also a 3 year guarantee on a newly built property covering the less serious structural problems, albeit ones that
can make the owners life a nightmare, serious damp, leaks from above, cracks and so on.

Finally, there is a guarantee of one year for the small issues that need rectifying after a property is built; poorly fitting windows or doors, seals on joints, the minor issues.

You have to make sure that if you have a problem with a recently built or new property, that you make the complaint within the necessary time period. If not, you may not have a claim.

But if you make a complaint to the builder and they are not sorting the issues, then you should liase with a solicitor for their opinion on the matter.

Expert Opinion

Once the story has been established and the legal rights checked, then the next thing will be to get the opinion of an architect. Almost always one of the first things that needs to be done is to commission
an independent’s architect report. We have a very good one, who has worked with our office for many years.

Then it can be considered if it would be best for the client to pay to get the issues rectified and claim for the amount spent (so they can use and enjoy the property) or that they claim and wait for a Court process
(which can take some time). It depends on the chances and circumstances of the case. So, it is best that firstly the client contacts us to explain their particular situation and we go from there.

You can have bought a new-build, a second hand property or were building a house yourself with an architect and builder; you still have the right to make a claim if within the time periods above.