Damp Newish House ?My Rights

[jamespatel]

I have a newish 3 storey townhouse (3 years old) which has suddenly developed a serious damp problem in the ground floor utility room. Last two weeks brown staining like a cut tree trunk (layered) to about 2 feet off the floor and i can put my thumb through the skirting board which feels like putty.

Had 2 seperate damp proofing companies and one plumber in to check it out and they say there is most likely a leak in the plumbing due to cheap materials and also that the actual brickwork/flooring has not been damp proofed properly by the builders and all are willing to provide written reports to that effect. This house built buy one of the largest home building companies in the midlands.

Builders warranty lasts 2 years so expired last year and NHBC don't want to know either as it's internal and not a load bearing wall, ground drainage etc.....

Have an appointment with the builders next week to discuss.

Do i have any rights to get them to fix it or provide part payment towards it for improper building in the first place.

Don't really want to get the solicitors involved as it will cost more than getting it fixed in the first place.

[tucny]

there are various rules and laws relating to faulty workmanship. However, for somebody to be able to prove that faulty workmanship is to blame is a different story. for example, the plaster will need to be removed to say that the pipe is leaking. And until this is done there is a question whether the materials or the workmanship is at fault.

If the problem is due to a leak and if this happened after the waranty expired then it will be easier and maybe less costly for you to claim of your insurance. However if it can be proved that the problem was there before the warranty expired you may be able to claim against the builder however the builder may argue that if it was a fault then this would have become apparent sooner.

If the problem has been caused due to a fault with a dpm in the floor, then the builder may still be liable. It is sometime irrelivent if the warranty has expired if it can be proven that the fault was present since the house was built.

Either way, a well established builder may not offer to do anything, no matter how much to blame they may be and its up to you to prove it their fault and pursue a claim which unfortunatly will cost you money.