Dodgy development companies and how to deal with them?

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27 Sep 2011
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Surrey
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United Kingdom
Hello,

I'm in the midst of buying my first home and am currently renting the property until the sale is completed (I have already exchanged on the sale). The flat is an old Victorian conversion flat that has been newly refurbished by a development company and on first sight, the place looked perfect.

Since moving in, however, I have noticed a whole host of problems. An old cellar storeroom and coal shaft was converted to make room for a small study area and the relocation of the flat's bathroom below the ground floor. However, it seems that not only did the developer not seek permission to do these works from the other freeholders (which resulted in a legal dispute over the deed of variation), but I'm not entirely certain that they had each stage of the work signed off properly by the local authority and they have also cut corners with the refurbishments and have not tanked the basement properly.

After only a month and a half, I already have significant damp issues, where it could be seen coming through the plasterboard walls, and the smell of damp is overwhelming. There is little to no ventilation down there as well, so mould keeps creeping up on the skirting boards. And as this long corridor containing the study is the only access to the bathroom, I am concerned not only about the possible deterioration of my walls and the expense that will incur, but the health risks of living in such an environment.

The vendor states that his builder (not a PCA-certified specialist) has tanked the basement, using a "dot and dab" method and silicon chips beneath the floor, but all of the damp specialists and a surveyor that I have recently consulted have stated that plasterboard walls, and dot and dab methods are a sign of shoddy work, and that is the main reason for the high damp meter readings. The surveyor also stated that I should have had all supporting documents of each stage of the work being signed off, but I do not. Just one paper from the local authority stating that the bathroom has been relocated.

I realize that as the basement does not contain a window and is not classed as a "habitable" space it does not have to meet normal standards, but as it's been marketed as a "study" area and is the main access to the bathroom through which I must pass, shouldn't it have been inspected and signed off to ensure that it was tanked properly for health and safety?

I also have other problems with this developer falsely marketing the property with off-street parking, even though it has no parking, so would appreciate it if anyone knows who I could report these problems to so that the company doesn't continue to take advantage of others. My solicitor so far has been really unhelpful.

Many thanks for your help :)
 
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There's not really anything you can do about the works and/or condition of the property. It's the buyers responsibility to satisfy yourself as to condition and fitness. If the property came with some sort of development warranty that might be different but it's unlikely on an existing property and I should imagine you'd know about it if it did.

You might have a claim on misrepresentation. Particularly if it was marketed through an estate agent but also on vendors disclosures. On that I'd say consult your solicitor but from what you say that might not be very helpful. Maybe get another solicitor to take a look?

Did you have a survey?
 

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