Building Problems Apartment Block

[moycullen14]

Hi,

I own an apartment - buy to let - on the top floor of a block. We've had nothing but problems with the roof and recently got the new management company (MC) to inspect (old one was useless).

Anyway, it transpires that the roof - or part of it - is in a bad way. Incredibly bad workmanship and design is letting in rain which has caused and is causing lots of damage.

Both the developer (last heard of in NAMA/Psychiatric Hospital) and construction firm (bankrupt/ceased trading) are long gone. The block is about 5 years old but I suspect that the problem has been there from the start.

Question is, should I get the MC to instigate aclaim on the buildings insurance or go after the builder/developers insurance. Anyone got any experience of this

TIA

M

 

[Luternau]

Sorry to hear about your problems. These can be a nightmare to resolve or even just to progress. Been there and still going nowhere three years after bringing it to the attention of builder (now in receivership) and Homebond.
Who is your structural guarantee with? That should be your first port of call. If damage is due to storm damage or wear and tear, the insurance may cover it, but if its design, material or labour deficiency, I doubt they will. Your new Management Agent needs to be be fully involved in this.

 

[ontour]

Unlikely to be a new management company, maybe a new management agent or directors?

Simple answer is that the management company should resolve the issue and you should chase them to ensure it is a priority. What was the result of the inspection? Did they tell you what the next steps would be?

 

[markpb]

The first thing you need to do is check who owns the roof. In most cases, this is the management company but there are rare cases where the owner of the top floor actually owns the roof. Ask your purchasing solicitor to check this.

If the management company own the roof, they need to effect the repairs and possibly claim it from the block policy. If they feel the need to go after the developer or builder, so be it.