NHBC House and Damp - But house not built to NHBC standards

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16 Jun 2009
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Location
Gloucestershire
Country
United Kingdom
Situation is that my parents house built 22 years ago was NHBC guaranteed. They are not the original owners and purchased after the house was 12 years old.

Now it has serious damp. The damp expert has had a look and he has said that the damp is coming up through the concrete floor because the concrete has been layed on breeze blocks. This has only come to light now because all of the floors had lino stuck down with epoxy resin on top of the concrete and then carpets layed on top. Seems this was the builders damp proof course. My parents had the carpets replaced in the two bathrooms and had the lino removed during this process, then damp occured.

The damp man said that the house because of the breeze blocks in the concrete floor was not built to NHBC standards.

So my question is, do my parents have any claim against the NHBC (house older than 10 years) because the house was not built to their standards and they insured it as, should they not check?

Rather like a car manufacturer that discovers a design fault and will rectify this for all owners even those out of warranty.

TIA.
 
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Firstly, as your parents are not the original owners then they have no claims against anyone as they were not party to the original purchase or warranty contract.

If they were the original owners, then there may be a potential claim for negligence against the NHBC as the inspecting agents, but it would cost a fair bit of legal fees to prove liability

As for the builder, well this will be a 'latent defect' with six years from discovery to make a claim, but again as a second owner, the builder owes your parents no duty at all
 
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