Comments on: What is a snagging list?

By: Gavin Shaw

Gavin Shaw — Mon, 19 Sep 2011 00:35:20 +0000

Hello, we bought a new build 2 bed apartment 4 months ago in Clapham and are very dissatisfied with many aspects of the builder’s work. We continue to report the growing list of latent defects but the builder and the developer are very slow to respond and reject many of our complaints. Before we could consider legal action we should have an independent, professional report on the defects in our apartment. The credibility of the report author is clearly critical to the success of any action. Is there anyone you would suggest? Many thanks for any help you might give, Gavin

By: Tony

Tony — Fri, 15 Jan 2010 23:06:59 +0000

@Laura Yes, the Zurich warranty is of little use when it comes to snagging, not much worse than the NHBC warranty.

I am afraid that new homes or more specifically land transactions are excluded from the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. However, you are still protected by contract law and common law so you can pursue the builder through the courts.

Before you do that it is worth trying to establish whether the business is viable and would be able to pay as I am assuming this is not a mass builder.

You can use the Small Claim process and this only costs £35 if the cost is less than £10,000. You will need someone to cost the remedial work for you.

And before you do this you need to give them the opportunity to put the problems right before you start legal proceedings.

By: Laura Heselwood

Laura Heselwood — Thu, 14 Jan 2010 12:15:45 +0000

Hi,

I don’t know if any of you can advise me on this! We brought a property under 6 months ago and since moving in have found a huge amount of snagging problems including a driveway that has sunk, windows not fitted correctly, doors which don’t close and a leaking shower. The builder is not answering my calls and my solictors did not include a snagging period in our contract. Do I have any rights at all? The house has a Build Zone 10 year warranty, but we have to pay £1000 excess for each individual snag! Any advice very welcome as I’m totally stuck with how to proceed.

By: Tony

Tony — Sun, 03 Jan 2010 12:45:34 +0000

Simon, I would say that this is practically impossible even now with the big developers. Many still make it difficult for snagging inspectors to access the property before legal completion.

By: simon seaton

simon seaton — Wed, 30 Dec 2009 03:30:35 +0000

Conveyancing lawyers need to ensure ( or at least request ) that the purchase contract includes an obligation for the developer to create a snagging and complete the works within a prescribed time frame.

In the property boom many developers would not agree a snagging provision in the contract paperwork. Times have changed and it it now much easier have the contract more evenly weighted.

Buyers should use a snagging check list ( such as the one suggested ) to ensure that everything is covered off