Author Topic: Shared-Ownership sale and missing NHBC Warranty Certificate  (Read 2234 times)

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Shared-Ownership sale and missing NHBC Warranty Certificate
« on: December 17, 2016, 02:14:24 pm »
I wonder if anyone can advise.

I'm in the process of selling my share of a 5 year old SO apartment. The housing association have identified a buyer and we are moving towards a completion date.

I bought the home on the understanding that NHBC warranty was in place and my solicitor's report on the title at the time of purchase was that the certificate would be transferred to me upon completion.

I recently rang NHBC only to be told that they couldn't find my certificate but had them for the rest of the block.

Housing Association haven't been much help and I looked at my contract at the point of sale and it states they will use their best endeavors to procure the issue from the builders.... which leaves me feeling that my solicitors at the time were not particularity diligent in advising me of any pitfalls.

The builders are of good repute and continue to develop the project, selling properties with NHBC cover.
So I would be surprised if they hadn't sought registration with NHBC for my flat alone. Unfortunately, they haven't gotten back to me when I called to make an inquiry.

I'm now of course anxious that I may lose the sale.
I've left the issue with my solicitors who have now closed for the holiday season! So I'm left in limbo.
Can anyone advise if this is surmountable or share any experience.

Many thanks..

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Shared-Ownership sale and missing NHBC Warranty Certificate
« Reply #1 on: December 19, 2016, 07:40:54 am »
If your flat is in a block where NHBC warranty certificates exist for the other flats then your warranty certificate does exist. 
I would imagine that it was issued to the housing association as they may have has the majority equity.
I suspect they have mislaid/lost it which is why they are now no help to you.

However, talk to your neighbours and ask if you can have their Buildmark warranty policy numbers.
You should then be able to find the gap in the consecutive numbers with the missing number likely to be your Buildmark policy number. It should then ne possible to ask the NHBC to send you/your solicitor a copy of all the warranty documents.

In year three, the warranty only covers the structural elements of the building which being a block of flats would mean that your flat would be covered by the remaining warranty.
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