NHBC and local authority building control dispute over underpinning repairs

[ksimeons]

Hi there


We are in need of some advice on how to manage NHBC, the new homes warranty provider. We have had a 4 year battle to recognise and conduct works to remedy innappropriate foundations which resulted in heave and movement of the whole house. During this process we had to raise several complaints with NHBC and make use of the FOS to get fair treatment.

Although the works have now been completed to underpin our property we are now - unbeleivably - the victims of a dispute between Oxford City Council and NHBC/their contractors over whether building regulations have been followed. As a result OCC will not issue a completion certificate, whilst NHBC maintain regulations have been followed. It seems to come down to a lack of physical testing of the piles when they were first put in the ground, and at this point a different indivdual from OCC was in contact over the works progress and NHBC say no such testing request was made.

Nearly 6 months has passed with no real action plan from either party. We are very concerned that our property is not saleable at market value without this completion certificate, and have proposed options ourselves as to how to overcome this. NHBC seem to be trying to transfer the issue to us, which is unnacceptable. They say the council's testing request is highly unusual, the council say this is normal as does the representative structural engineer for our home insurer

FOS say this is not a matter for them. We have again formally invoked NHBC's own complaints procedure, but have low confidence in this based on previous experience.

We are getting desparate as it seems impossible to get NHBC to behave professionally and with accountability. Their last response to OCC was to suggest OCC follow formal enforcement. Clearly it is in no one's interests to re-do what amounts to over £200k of remedial works.

Does anyone have any advice for us on next steps? I am losing sleep over this....

Many thanks,
Karen

[davenewbergr]

The Council is correct. It is crucial that foundations are inspected while they are being built, because afterward they are concealed and testing become prohibitive if not expensive.
However, leaving it to the local authority and NHBC may not produce the results you want and it seems clear it won't do so quickly. You may have to take charge.
I would write to NHBC along these lines: if you have not agreed within 28 days to the steps necessary for this matter to be resolved to our satisfaction then we must act accordingly. By 'to our satisfaction' we mean that we would be put in a position to sell the house forthwith and to satisfy the purchaser by providing all necessary certificates including building control approval of the underpinning works. By 'act accordingly' we mean that we must instruct a structural engineer to undertake the works necessary to satisfy building control, instructing if necessary a construction company to carry out the works required to facilitate the inspection and make good afterward. We would also need to instruct an architect to provide a certificate to replace the NHBC warranty, which apparently does not cover the underpinning, and this may require further inspection of the entire building.
If this becomes necessary then we will of course expect NHBC to reimburse us for the expenditure. If necessary we will issue court proceedings to recover the appropriate sum in damages.
(blah blah.)
Be aware. When one party wants another party to do something, and there is no way around, then the only way to make the other party to do what you want is to ask a judge. That takes time (probably at least a year) and money (£10,000 upward) and even then it's possible that the judge will decide to order you to do what the other party wants. So the name of the game is negotiation and finesse. Don't be rude, don't lose your temper, don't write 12 page letters explaining what people have done wrong.
Also, DON'T TELEPHONE. The people you speak to will either have been told to, or will have developed a tendency to, stonewall; if they do that, a good proportion of complaints will simply fizzle out. So they will nitpick you to death. Write letters, because the people who read the letters are likely to be a little bit higher up the ladder; plus, letters are evidence.