Boiler Saftey Question - Who Is Responsible ?

Hi

I need some help

We bought a 2004 build town house in February 2007 and took out BG homecare, when we recently called them out due to boiler issues they advised that I could not get the boiler front off to check inside as the kitchen cupboard was fitted to closely to the top. The engineer advised that it probably never has been checked or serviced.

My question is who is responsible legally ? Would it be the original builders, would it be NHBC or would it down to us to resolve ?

An urgent responce would be a great help to us

Cheers

TG x

[dx100uk]

surely this should of been picked up upon during some sort of survey before you brought the property?
if would be very diff to 'find out' who put the cupboard there, unless you have the original plans? was i designed that way?

maybe take some photos of it , then get it off the wall so if it turns out that the boiler has not been serviced all this time, then atleast you have the evidence to pursue this.

for now, you need heat!

dx100uk

[MrShed]

Bear in mind that as this is a a bought property not a rented one, there is no requirement to have regular services performed...

We only had a basic structual survey done as it was built only 3 years ago

Nothing internally has changed since it was built so the kitchen is still the original design and therefore I assume the building firm who built it, also fitted the boiler or employed somebody to do so.

Shouldn't the boiler have had a initial safety check once it was installed ?

TG x

[Nightmare4banks]

TractorGirl,in reply your post in my view:

1.Due to the fact that the house was built in 2004,it should have an NHBC certificate which should be valid for 10 years.

2.You should contact the solicitor that dealt with you with purchasing the property as he/she should have requested a copy of it from the the seller's solicitors.

3.Once you have this certificate in your hands you should be tackle builder firm as probably this the builder's fault regarding the boiler because as Mr.Shed has posted as this is a purchase and NOT a rental there this no compulsory servicing of the boiler required.

4.As soon as you contact your solicitor,up date us and we will see how to take this matter forward to the best of your advantage.

Hi

yes I have the certificate, received that on purchase.

I will phone them now

Cheers

TG

Have phoned them and they said there is nothing they can do as this element is not covered

I have phoned the builder 4 times in 3 weeks and he constantly says "i'll phone you back" and never does !!

[GuidoT]

The NHBC guarantee is a bit of a farce, it is supposed to signify the that they have checked the property and accordingly they are prepared to certify that it is okay and accordingly provide a guarantee.

The reality is they are funded by building industry and do not undertake proper checks, if any at all. In any event at this stage such a guarantee is usually limited to the structure and would not cover the heating system.

You are going to have a hard time pursing the builder. There is the general rule of caveat emptor, which means buyer beware when purchasing property. However builders of new houses usually correct defects within the first one or two years of purchase, but after that it is difficult to get them back at all to fix anything.

Something like this would never be picked up in a basic survey, they usually do not check the heating system, never mind take the boiler cover off.

If the builder is a large organisation find out the name of that chairman or MD and try writing to them. Although I do not hold out much hope for you. As you are finding out there is little point in phoning them.

Is this the first time you getting the heating system serviced, after 3 years?

Personally, I would just modify the cupboard or temporarily remove it such that access can obtained to the boiler for servicing.

I would stay away from the BG Homecare too, in particular as you have a new property, your heating system should be fee from significant defects for at least 10 years. If you feel you need peace of mind, put the sum you pay to BG in a deposit account and it will be there if you need it and if you do not then you have the money to spend on whatever you like.

[Mark_Blackpool]

Just a thought. Have you spoken with any of your neighbours to see if this applied to them as well, and what they did?

For instance in a new build area we lived in, the burglar alarms all packed up within two years, the window handles kept falling off, the doors didn't shut very well, etc.

In the end everyone got together and pursued the company concerned as one to get all the properties sorted.

[Steve__M]

Generally I agree with Guido

The NHBC check one house of each type on each development. They cannot and do not check everything about every house.

The NHBC guarantee covers most defects for the first two years, but after that they only cover "structural issues" for a further 8 years. I suspect that a misplaced kitchen cupboard would not count, but you can phone the NHBC to find out.

Your best chance is if the builder is still on site as you'll be able to badger them like heck until they decide it is easier to send round a handy man to sort it out.

Obviously I don't know the design of your kitchen, but it might be easier and less stressful to see if a carpenter can modify the cupboard. Again, if the builders are still on site, you could maybe bung one of the kitchen installers a few quid to do it - they may be able to "get hold of" matching side panels and doors etc. for less money.

Trying to get a reluctant housebuilder to do something they don't want to is in my experience more stressful than buying the house.

[BobbaFett]

Originally Posted by MrShed

Bear in mind that as this is a a bought property not a rented one, there is no requirement to have regular services performed...

not under HIPS. and although there is no requirement to have a annual service, its a damn good idea. increase te life of the boiler!

[MrShed]

What do you mean, not under HIPS?

[GuidoT]

The acronym is Home Information Pack(s), that vendors of properties will eventually have to provide (but presently not all).

But I do not see any requirement that imposes an obligation on a seller to service their boiler in the HIP documentation, but I will stand corrected If BobbaFett can take me to specific details.

[MrShed]

Exactly my point GuidoT - I dont even see how the legislation has anything to do with the servicing of boilers.

Oh and by the way, as of two days ago it pretty much is the case that all vendors do now have to provide the HIPs...

[Ed999]

Firstly, this is NOT a landlord and tenant issue, so is beyond the scope of this forum. You should seek advice from a solicitor.

Secondly, an NHBC certificate is a ten-year guarantee against major structural faults with the building, not against anything else (the initial two-year period for claiming in respect of other mattrs having expired long ago in this case).

You are wasting your time trying to claim for a non-structural defect under the NHBC 10-year guarantee.

If you have a contract with BG Homecare, whoever they might be, you can enforce it against them if the matter falls within the terms of the contract. Read it. If you don't understand it, get a solicitor's advice about it.



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