How much is it going to cost to put right, everything which the builders are refusing to remedy?
I’m afraid it is about cost because you need to know the measure of the damage because of this is going to court because neither the builder nor NHBC are prepared to put it right, you are going to need to know exactly how much is going to cost and for that you are going to need a quote (not an estimate because courts want quotes not estimates).
Under the Sale of Goods to Consumer Regulations, goods (the house) must be free from manufacturing defects for 6 years. It’s the same period under the Limitation Act where time runs from the date of discovery of the defect.. Under the Latent Damage Act which links in with the other legislation, there is a 15 year long stop date and if you discover anything after that time, then it’s not actionable.
At the moment, they are also in breach of the Consumer Rights Act (post October 2012) or the Sale of Goods Act ( pre October 2012) for failing to provide goods of satisfactory quality. They are fit for purpose but not satisfactory quality.
You are out of time to reject the property for substantial defects and hence your remedy is compensation/damages and if they wont to put it right, the solution is to get it put right yourself and sue them for the cost.
I will say that what you’re experiencing with new build property is not at all uncommon.
Can I clarify anything arising from this?
I am happy to answer specific questions arising from this?
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