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Builder not completing snagging issues


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Hi Guys,

 

Looking for some advice regarding snagging, certificates & BC at the end of a building project.

 

The majority of the works were completed in Feb (3 months late), the builder is now ignoring our letters, calls and emails requesting their return to complete the snagging list.

 

We're holding a retainer for the snagging which should just cover the outstanding work but any certificates & warranties are all held by the builder.

 

We would like to get a new builder in to finish the snagging but are worried that we would then struggle to get final sign of by building control and would have no warranties for things like windows & boilers.

 

Can anyone offer any advice? We have tried every option of solving this amicably with the builder but I guess they have now decided the cost to them of rectifying the problems is greater than we owe.

 

Thanks,

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I don't know much about building contral but surely it is ossed by your local authrority - in which case you should write to them and complain - ask for another inspection and for a duplicate certificate to be issued to you. Maybe this isn't possible.

 

Additionally I would sue the builder for the delay and for the breach. I wouldn't waste any time. 7 day LBA and let him know that he will be named on a major internet forum if you have to go to court and you get judgment.

 

Frankly I don't see any point in not doing this and I don't see any point in hanging around.

Edited by Conniff
typo
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BC certificates are issued for address where the work is carried out so you can ask for a copy of any issued.

if none have been issued then the planning guys will come out and inspect and issue certificates on the build or advise what needs doing to complete.

Give planning a call as they are usually very helpful and respond fairly speedily.

 

Certificates for windows can be obtained on line from fensa. http://www.fensa.co.uk/asp/certificate.asp

 

As for the builder, see Bankfodder's comments.

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BC certificates are issued to the employer after the final inspection and if everything is satisfactory, so you should have no worries, but speak to Building Control.

What sort of Contract did you have the Buider?

RIBA home owners contract or similar? There are clauses dealing with non-performance procedures etc.

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  • 1 month later...

1. Call your local Building control and ask them to come around for a site visit. They are much obliged to help you out and are there to support the build to progress. In this meeting tell them about your situation with your builder. Ask what they need for the final inspection and how they can support you to get those things in order. In some cases you might find that building Regs might even speak to the builder as they usually are only a few of them dealing with the same builders all the time.

 

Building control will need the following certificates:

1. Electrical Installation : If your builder has done the electrical certification > in other words went around the house and tested all sockets, cales and fuses than he is by law required to file for a electrical installation certificate of compliance with the EIC. ( I understand that this needs to be done within a month or 2 of inspection).

If he has done it a confirmation will be automatically send to you the occupier/homeowner. > This confirmation is all Building Regs requires.

If he has not done it he is in breach of NICEIC rules which you should discuss with your building regs officer and inform the NICEIC.

Solution than is to have building regs arrange for an electric inspection. Not easy and liked but can be done.

 

2. Gas safe certification

The same applies as above with the difference that the regulating body is the Gas safe register.

Once your propoerty is checked and registered you will automatically receive a gas safe certificate from the Gas safe organisation. If you have not received it chances are that your property either has not been inspected or the builder has not registered the inspection. Both are mandatory and again should be discussed with your building regs officer as you will need to have it reinspected.

 

3. Hetas - If you have an open fire. ( Don't know about the process)

4. WAT: This is a questionaire you fill out with your code assesment which highlights the water consumption of the house and that it is in accordance with the applicable code standard. Building regs will test the water flow in the final inspection.

5. Windows or other warranties: I would go to the supplier/ manufacturer and request for them to send you a copy of the warranty directly.

My understanding is that Building regs won't request these - they can advice.

 

Building regs will re-insept all stages during final inspection and can if the certificates are in order sign the completion certificate which you need for your warranty provider. No need for your builder.

 

While you solve your problem and progress with your home you should cover your bases and always stay communicative to the builder. IN WRITING - recorded signed for.

 

After talking to building regs write a consolidated letter to your builders listing the timelines of requests for snagging and the request for warrantys and certificates.

Re-iterate your requests and give 14 days notice to supply and start the snagging process.

If your builder does not adhere to the process I would personally write a letter informing that you will undertake the organisation of snagging jobs to be completed yourself and the retainer will be used to correct their shortfall. Go ahead and get the jobs finished.

Once completed list the final sums of invoices against the retainer. close the contract.

 

If this is more than the retainer invoice him for the overspend. > ittle to no chance you will get it but you are doing the correct thing.

 

You can of course get legal advice and try to go to mediation process or / and court but that will cost you time and money and most likely won't resolve your issues.

 

Good Luck!

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