The excitement of buying a new-build home is unparalleled – you’re stepping into a brand new space that’s supposed to be perfect and problem-free. Unfortunately, it’s not uncommon for new homeowners to encounter a range of issues, from minor annoyances to serious construction flaws. Whether it’s dodgy door handles or foundational faults, these problems can dampen the joy of your new home experience.
Such problems need to be identified as early as possible once you have been notified by the Contractor that your property is complete. The date you are notified is the Completion Date. You should employ a qualified property surveyor, usually an architect or civil engineer, to carry out an inspection of the property with a view to compiling a snag list. Generally, this has to be done no later than 14 days after the Completion Date. It is a good idea to book your property surveyor well in advance of the expected Completion Date.
Thankfully, as a homeowner, you’re not without recourse. Irish law provides several protections for homeowners against such defects, and knowing what these laws entail and how to use them effectively can make a huge difference in resolving these issues.
At Anthony Joyce & Co Solicitors, we’re experts in property law and dedicated to helping you resolve any issues with your new-build home effectively.
Common Issues with New-Build Homes
Let’s look at some of the most common issues you might face with new-build homes:
Structural Problems: Structural integrity is key in any new home, but sometimes things go wrong, especially when it comes to issues like cracks in the foundations, roof leaks, or problems with load-bearing walls, which can be dangerous. Such defects typically come to light shortly after moving in and require immediate attention.
Fittings and Fixtures: It’s frustrating to find that the quality of fittings and fixtures doesn’t match your expectations. Problems can range from poorly fitted doors and windows to malfunctioning plumbing systems and faulty electrical wiring. These issues can affect your daily comfort and utility usage.
Delays in Completion: One of the biggest headaches can be the delay in your home’s completion. Whether due to construction delays or administrative hurdles, not being able to move in on your scheduled date can disrupt your plans significantly. This can lead to additional costs like extended rent payments or storage fees. Do bear in mind that most Building Agreements give the Contractor anywhere between 18 to 24 months to finish the build. So even if you were told the property will be ready for snagging within 6 months, the contractor is contractually not obliged to have the build ready for snagging until the 18 to 24 month period has expired. It is therefore vital to have a “plan B” should such delays occur.
BER Energy Rating: Proper insulation is critical for comfort and energy efficiency. Check the BER Energy rating when considering a house purchase. Some Mortgage providers offer lower interest rates for homes with high BER ratings.
Homebond and Equivalent Schemes and Remedies for Major and Minor Defects
Most new homes in Ireland come with a 10 year structural guarantee provided by insurance cover such as Homebond. Remember that the guarantee is limited to structural defects only. It is therefore vitally important to employ a competent surveyor to discover other defects before we close. The snag list is vitally important. If major defects occur prior to 18 months after the completion date, the contractor is usually obliged to put these right. Similarly the contractor is usually obliged to remedy minor defects which arise no more than six months post completion. There is no reliable definition of what constitutes a major and minor defect. However, as a rule of thumb, major defects are ones so serious that they would prevent habitation. All other defects are minor defects.
Most Building Agreements require disputes to be considered by an agreed arbitrator before recourse to the Courts. Anthony Joyce and Company Solicitors can represent you in Arbitration hearings.
Legal Protections and Your Consumer Rights
In Ireland, your property purchases are protected under strong consumer protection laws. These used to be scattered across various different statutes, making it difficult for people to properly understand their rights, but they are now mostly contained within the Consumer Rights Act 2022.
This act ensures that all transactions are conducted transparently and fairly, protecting you from fraudulent practices and substandard construction. Under this law, you are entitled to a property that meets all advertised standards and is free from defects upon completion.
The enforcement of these protections is carried out by various regulatory bodies, such as the Competition and Consumer Protection Commission (“CCPC”). The CCPC plays an important role in ensuring that property developers follow Irish laws and regulations, and they also give you a clear recourse when your rights are infringed.
Navigating issues with a new-build home can be challenging, but you’re not alone. If you’re struggling to resolve problems or think your rights as a homeowner have been violated, contact Anthony Joyce & Co. today for a consultation.
We’re here to help you assess your situation and ensure your new home meets all promised standards.
