Defects

When a home is first built, the builder remains liable for any defects that arise within a certain period following completion of the building. For most defects, this period is twelve months from completion and there is also a provision for making builders liable for latent defects - that is significant defects that do not become apparent until after the twelve month period, or reoccur after that period and which arise because the original building works were not carried out properly.

When you buy your home we will tell you when the defects period expires. If you discover any problems during this period, you must tell our Development Department who will arrange for the builder to visit you and put the matter right at no cost to you. The builder will be given a fixed timescale to rectify the problem depending on its urgency. You should let the Development Officer know if the builder fails to respond.

When the defects period is due to expire, the Development Officer will write to you to ask if there are any problems with your home that the builder has not dealt with. If there are, you should contact your us immediately.

On expiry of the defects period, we will arrange an appointment for representatives from the builder and ourselves to inspect your home. You should report any outstanding or new defects at this meeting.

The builder will almost always refuse to deal with any problems that are not reported before the end of the defects period and it is therefore very important that you report problems promptly. Because there are often disputes about what has and has not been reported and who is responsible, we keep detailed written records of all defects reported to us. We suggest you also keep a record as this may prove useful in helping us resolve any dispute we have with the builder.

Of course, during the defects period, builders are only responsible for repairs that arise from their work. Common examples are:

• Significant cracks caused by plaster drying out. This is normally a non-urgent matter that the builder may attend to when the defect period expires , i.e. when all the cracking has become apparent.
• Leaks to pipework or plumbing failures in original installations. This is an emergency problem and the builder must attend immediately.
• Electrical faults (not blown fuses or bulbs). Again, these are emergencies requiring immediate attention.
• Defective heating or hot water. This is an urgent repair requiring a response within a few days.
• Faulty door locks. If this causes a security problem, it will be an emergency.
• Warped/swollen doors that do not close properly. Again, the urgency will depend on whether it causes a security problem.
• Roof leaks. This will be treated as an emergency.

The above list is not exhaustive but gives an idea of what we consider to be a defect. Repairs arising from wear and tear, accidents or misuse are not defects and you will normally be responsible for them.

Non-urgent repairs may be carried out in one go at the end of the defects period.

If builders do not respond as quickly as they should or do not adequately fix the problem, we can call in another contractor. We can only do this after we have issued the builder with a Notice and given them every opportunity to put the matter right. This may on occasion lead to delays and inconvenience but we will do our best to ensure that repairs are done as quickly as possible.

Sometimes the builder refuses to accept responsibility for a defect and this is most common with latent defects (see above). For newly built schemes, where we cannot reach an agreement with the builder we can call on the National House-Building Council (NHBC). The NHBC provides insurance for defects. They will instruct the builder to do the work if they agree that they are responsible. If the builder still refuses the NHBC will itself meet the cost of putting right the defect.

Of course, defects may arise in communal areas as well as your home. If you notice any such defects, please let us know.

When the defects period expires, you become responsible for all repairs within your home. Landmark will carry out repairs to the communal areas and you will contribute towards the cost of these through your service charge. If you have bought a flat, Landmark will also be responsible for repairs and redecorations to the external face of your home. This includes the window frames but not the glass in your windows and your front entrance door.