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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10489
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Our company built a block of residential apartments, the build

Customer Question

Our company built a block of residential apartments, the build was completed in 2005. The build was monitored by NHBC and all apartments were signed off, by NHBC, between August 2005, the last apartment was signed off in march 2006. Obviously we have a builders liability for the first two years, As we had the majority of these properties were rented out whilst awaiting sales, Can you advise us, if our cover starts from the first occupation, or from when the first sale completes.
Submitted: 4 years ago.
Category: Law
Expert:  Aston Lawyer replied 4 years ago.

Hi there,

Your 2 year liability runs from the date the NHBC cover commenced.

Likewise, if you only sell now, 2 years after NHBC cover started, the Buyer will only have 8 years left under the NHBC.

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

Kind Regards

AL

Customer: replied 4 years ago.


So would the cover commence, from first occupation, i.e. When the tenancy started as the first occupyer or does cover commence the date of completion to the purchaser, we are not sure whether the property has to been owner occupied or tenanted ?? what would be deemed first occupation

Expert:  Aston Lawyer replied 4 years ago.

Hi again,

Sorry if I wasn't clear. Your 2 year liability starts on the date the NHBC cover started, and this would have been from the first date of occupation- NOT when the Plots are eventually sold.

Kind Regards

AL

Customer: replied 4 years ago.
unfourtuantly when the properties were sold the solicitor completed these to be the date when the cover to start from we only now found this out as nhbc have calling our liability as they sent there officially notification after 2 years anyway we told them they had been rented out for 12 months prior an as we had rented the proprty For so our liability would of expired
1/ Aug 05 signed of by nhbc
2/ sept 05 rented out for six month advised the nhbc
3/ August 06 sold (nhbc have started the policy from this date as opposed to the sept 05 and refuse to change it to sept 05 when the propertie were tenanted as they say solicitor completeted the forms as the first date to commence and that the policy have commenced in August 06 and cannot get it change)
4/ their is a liability claim from the nhbc agaist me for some works to which they sent us formal notice on 25 th November 08 .
I have told them this is out of date they have said that the home owner wrote to them on 4 months prior and that is in within the liability time limit to which we never received.and have now instructed lawyers

Please could you advise me on these points
Many thanks