Possibly OT: Any guarantees on new conversions?

A friend bought a basement flat in a newly converted Victorian Hospital. All the owners have had various problems with the developers, and have had difficulty getting them to do anything.

My mate's now discovered dampness coming through the bathroom walls. The developers have diagnosed this as the tanking failing and suggested that he pays them to put it right. He's been in the flat sixteen months although he reported the problem within the first year.

He's asked me if conversions come with a guarantee like new builds, and I don't know. (He's German, BTW, so not familiar with our English ways - not that a native has been much help so far.)

I suggested he contact his conveyancing solicitor. He did - and the guy told him that property law was outside his area of expertise (?!) but if there was a guarantee, it was probably just between the builder and the developer. That sounds like rubbish to me.

I told him to give ConsumerDirect a ring too. He did - and they told him they didn't deal with property and he should ring Shelter. He suggested to them that Shelter was a charity dealing with the homeless but they insisted Shelter also gave advice on the problem he had, so he rang Shelter. And Shelter, unsurprisingly, said they were a charity dealing with the homeless.

What should he do next? Is there a general remedy under law? Is there likely to be a specific written guarantee that may be in the possession of the mortgage lender?

Any pointers much appreciated.

Reply to
mike
Loading thread data ...

Normally when you buy a house or flat its as seen. if he has a written signed contract that says otherwise, you might be in luck. However from the actions taken so far I get the impression he has nothing.

NT

Reply to
meow2222

I am not a lawyer but I am a professional with several decades' experience in the construction industry. Based on what you have stated, it would appear that your friend could have a strong case against the developer. Your friend has had no direct relationship with the builder, so the developer is the one to go for. Whether the developer subsequently sues the builder over the problems is of no concern to your friend as he bought the flat from the developer.

Your friend has a choice; either first employ a solicitor who will then employ a surveyor to report on the problem, or employ the surveyor himself first, then employ a solicitor to act on the report. My own (slight) preference is to employ my own surveyor in order to ensure that I have complete information on which to base a decision whether to proceed.

If that is also your friend's preference, he should first employ a chartered surveyor to carry out a factual survey and advise on the implications of the dampness and its probable cause(s). You can get a list of recommended surveyors from the web site of the Royal Institution of Chartered Surveyors:

formatting link
"Find a Surveyor', enter the country (UK) and your friend's location (nearest town) and the firm type "Residential Surveys".

On the basis of the surveyor's report, which is likely to show the tanking has failed, and the extent of the likely damage, your friend should engage a solicitor who specialises in property law. Your friend can get a list of recommended solicitors from the Law Society web site:

formatting link
on "Find a Solicitor". Leave the firm name blank, put your friend's nearest town in the 'location' box, leave the country box blank (important!) and in area of law, choose "construction and civil engineering". You will note that this is a specialist area that is separate from conveyancing, which is why your friend's solicitor pointed out that he was not qualified to advise in this area of law.

If your friend prefers to go straight to a solicitor, omit the process of finding a surveyor and go straight to finding a solicitor.

Good luck.

Reply to
Bruce

Bruce,

Thanks for the comprehensive answer. I'll pass that on.

Reply to
mike

Excellent reply Bruce, I'm sure it will be extreemly helpful.

It might be an idea to get a local solicitor to reccommend or even arrange the surveyor - local knowledge is a useful thing.

Reply to
The Medway Handyman

Up to a point. I had a bad experience when one recommended the other and I ended up suing them both for incompetent advice. I am now very cautious about employing "professionals" who recommend each other.

Reply to
Bruce

...

...

It may not help your friend directly, but does he know if this conversion has had a Building Regulations application for it? If so, has it been completed?

If it's in England or Wales, this work should have been inspected by either the local Council's Building Control or a private Approved Inspector (Scotland & NI don't have the private AIs). Part of the Regulations are that the walls and floors should be free from damp and interstitial condensation, and the Building Control body would expect the developer to have installed an appropriate proprietary tanking system. These may well come with a guarantee (although sometimes about as much use as the paper they're printed on), but that will probably be between the main- and sub- contractors.

Check with the local Council. If they didn't carry out the inspections, they'll have a record (a.k.a., an Initial Notice) of who did. If it hasn't had a completion certificate issued, find out why. If the conveyancer didn't check this, sue his ass!

Reply to
Hugo Nebula

HomeOwnersHub website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.