After-sales service forms part of the handover process. If a door does not close properly, a tile is damaged or there is damp, this should be reported as soon as possible and a documented procedure followed. Understanding what the property developer is responsible for and what the building contractor is required to do helps to rectify the defects and safeguard your rights to make a claim.
What is the relationship between the property developer and the building contractor?
The property developer manages and organises the construction project; when the flats are sold, they maintain the relationship with the buyers arising from the contract of sale. To construct the building, they commission a building contractor, who undertakes to carry out the work in accordance with the plans and the contract, under the supervision of the site management.
This construction contract governs aspects such as the quality of the build, deadlines and the rectification of defects. For its part, the building contractor may commission specialist firms for installations, joinery or cladding. The use of subcontractors does not relieve the building contractor of its legal liability for defects in workmanship.
Therefore, if a buyer reports a defect to the property developer, the latter must deal with the matter and require the building contractor to rectify it accordingly. The engagement of an external company does not release the building contractor from its own obligations towards the property developer.
How should rectification work be carried out?
The standard after-sales process allows the defect to be documented and gives the contractor the opportunity to inspect and rectify it:
- The buyer reports the incident to the property developer by a means that provides a verifiable record of the content and date, together with a description, the location of the defect and, where possible, photographs. In our case, at Ventura, the ‘M-Cas’ app is used.
- The developer records the defect and coordinates its technical assessment. A distinction must be made between a construction defect, a maintenance requirement and a subsequent alteration.
- If the responsibility lies with the building contractor, the developer shall request in writing that they carry out the repairs and ask for a quotation for the work.
- Access to the flat and the deployment of the necessary tradespeople shall be coordinated. If several trades are involved, the work shall be coordinated so that one repair does not interfere with another.
- The result is checked, and the repairs carried out, as well as any outstanding issues, are recorded.
In the case of damp problems, for example, the cause must first be identified and rectified; the drying process must then be checked; and finally, the surfaces must be restored. Painting before the cause has been rectified may result in the work having to be repeated.
Why third-party interventions can complicate warranty claims
If buyers carry out building works or alterations to the property, the building contractor will usually cite these interventions to reject liability for the requested rectifications. It may argue that the condition of the property at the time of handover has been altered, that the problem is attributable to the new work, or that the original condition can no longer be verified. This can lead to disputes and delay a resolution, particularly if the alterations involve installations, waterproofing, joinery or cladding, regardless of whether they are related to the defect or not.
It is therefore advisable, before commencing any renovation work affecting elements where rectification is still outstanding, to report and document these defects in order to facilitate their inspection and rectification. If one decides to proceed with the work, it is particularly important to retain evidence of the previous condition and the extent of the alterations.
If an owner or the developer themselves commissions a repair from another company before the defect has been documented and the building contractor has been held liable, this may alter the evidence needed to determine what happened and who is liable.
Let us take a leak in a shower as an example. If the shower tray, the seals and part of the waterproofing are removed before the inspection, it may be more difficult later on to prove the original defect. Furthermore, if the new intervention causes damage, this must be distinguished from the damage that already existed.
In such situations, certain works may fall outside the scope of the original building contractor’s liability if it can be proven that the damage is attributable to the subsequent intervention. Reimbursement of the costs for a repair commissioned unilaterally may also be disputed. It is therefore advisable to document the facts, report the issue and issue a formal request before reimbursing the party responsible for carrying out the repair.
A structured approach requires an effective response
The procedure is intended to facilitate the rectification of defects and does not justify indefinite delays, even if the developer is dependent on the contractor’s response. However, if the problem is not rectified, the owner may reassert their claim in a verifiable manner and exercise their rights, including, where appropriate, making claims against other responsible parties.
In urgent cases, such as a leak causing damage, the necessary measures must be taken to prevent the situation from worsening. In such cases, the issue must be reported as soon as possible, and photographs, reports and invoices must be kept.
It is also advisable to report defects immediately: the statutory time limits depend on the nature of the damage and must not be confused with the internal deadlines for submitting a list of defects.
A well-run after-sales service combines communication, technical inspection and follow-up. The property developer must look after the buyer and demand the appropriate services from the building contractor; documenting every step facilitates proper rectification and secures the evidence required for a claim.
And that is precisely what happens. Even though it is common for the building contractor not to respond as quickly as desired, and sometimes not to reply at all or offer any solutions, the property developer reserves the right to require the building contractor to rectify all defects at the expense of the retention sum set aside specifically for rectifying the defects that have not yet been addressed.