Long story short - I am having issues in a less than two year old groundfloor newbuild flat (terrace conversion) with a lot of loud creaking and Microcracking happening when upstairs flat is walking around. Spend my entire time at home in noise cancelling headphones.
After raising this with the developer, nothing was done, chased etc, and then the developer (very small company) subsquently disolved.
When this was raised with warranty provider (ICW) after checking with the underwriters they concluded that it isn't classed as a structural defect, and snagging defects are the developer's responsibility within the first two year period. In the case where the developer does not rectify these issues, responsibility does not fall back on the insurer. The policy states that in the first two year period "your builder/developer provides the initial warranty on your home" so claims go through them. And it does not sound like ICW assume the warranty in the case of the developer dissolving.
With the developer's company dissolved, the only company I could bring any claims against (ie though Financial Ombudsman) is ICW. But it does not sound like I have a claim here.
Interested to hear if anyone has had any luck getting something like this classed as a structural defect and reimbursed through the warranty provider - or in getting their warranty provider to assume responsibility for the initial warranty in the case of the developer dissolving. If anyone thinks I could have a case here with the FOS that ICW has unfairly refused to assist given the developer has dissolved?
Or should I accept my warranty is not worth the paper it's written on, I've made a costly mistake buying a new build from a small developer, and try to find thousands of ££ to rectify this myself whilst crying into my beer?
