Non HomeBond Builders - Responsibilities?

G

gotsomenow

Registered User
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Is your builder isn't a homebond builder, does that mean he has no responsibilities once the keys are handed over? For example we have noticed a fair few thinks recently to do with Plumbing and Electrical. Is it the norm to call the builder on these matters? They would have been there before we moved in, but only apparent when used/turned on.

Thanks

G
 
It is normal for any builder to remain responsible for faults for up to 6 years after the house is completed. Sometimes you will have a building agreement which will exclude minor matters for eg hairline plaster cracks and also items under seperate guarantee- eg boiler etc.
 

6 years ? Is that due to statute of limitations then?

If so the resposibility can only be enforced the hard way , the legal way?
 
Oh fantastic, thanks. I will be on to him then this evening. I have a couple of things that need immediate attention.

Thanks again for the advice.

G
 
The six years is a common law right. Even where you have a contract which purports to limit your right to seek redress within a lesser period you always have your rights at common law for up to 6 years. Enforcing it is of course often the difficulty. However most ordinary decent builders will come back and sort things out. If not I'd certainly question whether the household insurance would cover it rather than taking a court case. That would have to be the last resort due to stress and costs.
 
hi guys

just bought a year old house second hand and have noticed one or two items since moving in. is the builder still liable to possibly fix these for us now or does his liability only extend to the original purchaser
 
Contract is usually particular to the original purchaser or employer. Sometimes they are assigned to the new purchaser but in your case I doubt it. Maybe check your insurance policy.
 

Friend of mine bought from Joe Cowboy Builder down the country and a few months in under floor piping leaked destoying the place. No joy from Joe but yes it was covered by insurance. As it is so much hassle to chase someone in this instance Joe gest away scot free while you and your insurance cover it.

Is the insurer entitled to chase Joe for costs in these scenarios then?
 
The insurance company won't do it for the same reasons the householder won't. Too much hassle, too high costs, little possibility of enforcing any judgement made. Only goes for the cowboys of course, but then the genuine builders will come back and fix anyway.
 
Does this common law right apply to all the parts of a building, from the shell to its internal fixtures and fittings to plumbing and wiring?
 
The 6 years applies to all of the works. However the clock (so to speak) for the 6 years starts ticking the moment the problems / error is made, not on discovery. So if, for example, the foundations were laid incorrectly then the 6 year clock starts to run the day they were laid, not when the problem is discovered or not when the keys are handed over. So in theory if the foundations where built and the house finished one year later, the 6 years become 5. The only way around this i believe is if the builder tried to hide (by way of falsifying documents) the fact that he laid the foundations incorrectly / negliently.
 
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