So, as an update...
I recently got in touch with Building Standards at our council who confirm that there should be no loose gravel on the drive (as we already knew). They cannot comment on the refuse path (this is under the NHBC guidelines which I already knew) and if I have concerns about cold bridging then the HA should speak to Stewart Milne. The Building Standards service is not a clerk of works etc etc - here’s a snippet - “The responsibility of ensuring compliance during the construction of the build lies with relevant person; in this case Stewart Milne Homes. The local authority undertake inspections to satisfy reasonable inquiry. Issues should be raised to your Housing Association who should take these up directly with Stewart Milne Homes. ” I’ve also been told the Building Standards have no legal enforcement to have developers put anything right AFTER completion has been signed off! More rights on that tin of beans and all that…
Spoke with a couple of housing association reps today who just chanced by to update me (one of whom hadn't even bothered to acquaint himself with my complaint emails so I had to attempt to explain everything again). I am told I am much discussed at the meetings between HA and Milne and come up on every occasion. Hmm, no surprise there then.
Regarding the garden and drive I am told there are planning issues etc because everything has already been signed off and agreed, even though it doesn't meet the Building Standards (Scotland) for the drive, or the NHBC guidelines for the path - how many times and by how many people has that been through then and rubber stamped? Are the Building Standards (Scotland) and NHBC guidelines just to be ignored if the architect, clerk of works, site managers and planning bods agree everything is hunky dory (or don't look closely enough as I am suspecting)? And then just because nobody noticed that these didn’t comply then it cannot be challenged after completion? The HA guy (that didn’t read my emails) was not interested in the technicalities of these laws or guidelines, only to keep telling me that it had all been approved and signed off by numerous independent folks as well as Stewart Milne and themselves so it is not that easy to effect change.
In saying that, I have been told that I should get the 900mm path and the filled in gravel bit on the drive - although probably this is likely a measure just to shut me up, but I'll take that (I was repeatedly asked if this would satisfy me and would bring the garden issues to an end - well of course it will, I'm only looking for it to be put right as it should have been in the first place). I’ve been told this is not just simply laying me a wider path or filling in the gravel, it affects the WHOLE ESTATE as others have gravel next to their drive (however no other drive/path is laid out like mine, see photo on page 1, most have a driveway up the side of the house and a separate path from the front door to the pavement.) May take months and months though, but seeing as it takes months and months to have the most simplest of snagging issues rectified then again, this is no surprise.
I'm to get a new front door it would seem - still not convinced it is not the actual frame that is the issue though.
My main issue is the most contentious it would seem.
I am told my photos clearly demonstrating the cold bridging problems have been shown to the architect and they have told the HA that this is COMPLETELY NORMAL.
The HA tell me that there is NO EVIDENCE of any problems DURING THE CONSTRUCTION of my home – not sure why this matters now, but this was continuously rammed home to me. The house was inspected numerous times over its construction by building standards, NHBC, clerk of works etc etc and nothing was flagged up. My home did have an air tightness test done (results of which are to be forwarded to me) and it vastly exceeded the minimum requirement I am told.
The HA tell me that everyone else in the development tell them all how delighted they are with their houses – they hardly even have the heating on they are that warm! So I am the only one with problems and being the first house built mine was taken more time over than any others apparently. Not one other person in the 25 odd houses that were built has said their house feels cold. I have been saying it since day 1. Nobody is anything less than delighted - even though I just looked round the corner and saw a tradesman drilling away at a neighbours front door. And never mind that only recently I had every single interior door frame adjusted by moving the door stops 10mm to stop every door rattling and banging when closing them!
I am then given the glib advice once again about moving my furniture away from the walls and heating my home with all the interior doors open so that the warm air can circulate. Of course I attempted this to no avail, but seriously, who lives their lives like this? Have I to keep the doors open during the cold winter nights when sleeping contrary to Fire service advice? Answer from HA bod today – that’s why you have separate level fire detectors – SERIOUSLY?!
But all this is to no avail anyway when the thermal imaging photos clearly show heat loss and cold air penetration from the bottom corners of every upstairs windows along the sill. How on earth do I expand on this proof that I have already gone out of my way to provide?
I am flabbergasted. I have once again asked the HA to have a proper independent thermal survey undertaken. Will be put to the Director apparently.
An aside is made by the HA guy that they don’t know what I’m putting in my loft as this may cause issues with insulation – there has never been anything stored in my loft.
Not sure what to do now but wait and see the official rebuttal to my complaint based on pieces of paper that say my house was constructed properly. Again I am reminded there is no evidence of any problem and that the thermal imaging photos show nothing wrong. Stewart Milne are telling the Housing Association there is no problem with the windows and that the thermal imaging photos I have sent them of the windows and frames (two of which are on page 1 here) are completely normal.
So what exactly is it my photos show if it is not evidence of a problem, and should I really be expected to feel the cold air coming in from the corner of every window frame in the winter months?
What’s my next move down the line? Should I contact NHBC myself to ensure they are filled in from my perspective?
I certainly think it is only right and proper that when a representative from the HA wishes to discuss the issues I have raised in an official complaint then they should at least take the time to read it before attempting to grill me about it!
That it is taking this long to investigate just spurs me on – if I was complaining about nothing I’d surely have been away with my tail between my legs long ago.
I’ve been told a lot of time and effort (and paperwork) has been put into trying to address the issues I have raised (I suppose this is to make me somehow feel bad and that I am a timewaster, not that I am shivering in my bed in the winter and do not want to), but all I am hearing is Stewart Milne fobbing off the HA (who appear to be taking them at their word), and as we all know from this site this is a developers modus operandi…