house repairs under 10 year construction guarantee

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This topic contains 3 replies, has 3 voices, and was last updated by Profile photo of mariadecastro mariadecastro 10 years, 5 months ago.

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  • #51937
    Profile photo of Anonymous
    Anonymous
    Participant

    We have been fighting for repairs to be done to our house for the last 5/6 years (damp through walls, leaking windows, leaking terrace, large cracks etc).

    At last the new “Urb” owners have agreed to carry out some major work which will mean vacating our house for 6/8 weeks. They will be lifting a terrace, re-doing bathroom floor and re-doing parts of the outside wall. They will tidy up the cracks and re-paint the inside.

    They are prepared to do this work on the condition that when everything has been completed we cannot return to them with any complaints. Do they have a right to do this and should we sign the document?

  • #63074
    Profile photo of Anonymous
    Anonymous
    Participant

    According to the Building Act “Once the insurance coverage takes effect, it may not be cancelled or terminated by mutual agreement until the term foreseen in part 1 of this article (1/3/or 10 years) has expired.”
    I would understand this to mean that it must run for the full 10 years, whether you claim or not. There are likely to be snags arising as a result of the repair works which would need rectifying at some point down the line. They can’t then deny their responsibility.

  • #63075
    Profile photo of Anonymous
    Anonymous
    Participant

    One other point, on re-reading your post – you mention “large cracks”. Large cracks require more than a “tidy up”! What has caused them? Are the repair works being specified and overseen by an independent architect working on your behalf? Or has the builder decided what needs doing? I’d be very wary if the latter.

  • #63083
    Profile photo of mariadecastro
    mariadecastro
    Participant

    Of course not. You have legal action for 1,3 and 10 years! Depending on the nature of the deffects. That agreement if signed, would be null and void.

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