Can we sue the developers?

[DahliaRose3]

We live in a newish shared ownership apartment within a block which was formerly an office building. Due to insulation issues a handful of the residents have problems with their apartments getting too warm. Ours is one of them, and it reaches 40C in the Summer (morning until night); it’s unbearable, and we aren’t able to move at present. We don’t cook hot meals when it starts to get warm outside. Our room is currently 23.6C with window, vent, and door open all day/night because it’s 18C outside.

We’ve had to buy an air conditioning unit to get by. The idea of even having to sell this hell hole to someone else, fills me with dread and guilt.

I know how developers are able to get away with this issue of overheating, by not testing appropriately and getting sign off saying it hasn’t exceeded maximum temperatures within apartments - they test on the lowest floors, away from direct sunlight etc…

My partner says the developers no longer exist. My question is, could we sue them even if this is the case, for the property not being inhabitable for a good portion of the year due to extreme temperatures?

Surely they should be held liable, as this is not safe for us, and especially not our baby. Or should the housing association be liable? Do we run the risk of condemning our apartment and losing all our money?

What are our options, legally speaking?

Have you spoken to the housing association yet? If so what did they say.

How old is conversion and when did you buy?

sounds like an air circulation and ventilation issue not insulation.

If it’s 1am and 18 degrees outside then you’re not in the UK so it very much depends on the rules where you are.

But, you’ve now got air conditioning? Does this not fix your issue?

40 degrees... ouch! Would installing air conditioning throughout not be a much cheaper option than suing and potentially losing?

Have they breached any specific building regs? I'd be starting there.

This would be covered by the NHBC 10 year warranty which covers major structural and insulation issues. It’s worth immediately checking if yours is covered by this or a similar scheme, and putting in a claim for remediation. By all means start it off yourself but it might help for the others in the block to band together.

Are there any regulations with regards to maximum temperatures? Newer builds are all about energy efficiency preventing heat loss which unfortunately has a downside in that they are ridiculously hot in summer. Newer energy efficient buildings would be perfectly placed to have AC built in as like keeping the heat in they would also keep the cold in. We own an under 10 year old flat which rarely needs any heat in the winter but is very hot in summer - I'm not sure there's anything that we can do about that but would be very interested if there was.

If it is shared-ownership managed by a housing association (the freeholder), you first action should be to contact them.

Get together with the people affected to agree joint action.

If the developers have gone out of business there is no point in suing them...

I would also look at whether the HA new about the issue when you bought the property from them and if they chose not to disclose it.

The problem is if this is a structural issue and work is needed the cost will be passed on by the HA to all the leaseholders in the building, unless you have already a healthy sinking fund (some of your service charge should go on this) that can be used that means a large bill.

It sounds like the office block was badly converted and now issues are coming out.

I used to have a new-built shared-ownership flat in London with one of these community heating systems and the building was really hot all year around because of the boiling water always running in the pipes, heat loss and poor ventilation. It was awful in the summer. The HA did install a ventilation system in the communal corridor which helped a bit.

what exactly are you suing for?

Until recently there were no regulations in England regarding maximum temperatures in residential properties. This is now covered by building regulations. However, the relevant regulation only came into force on 15 June 2022. It does not apply to any work completed before that date, nor does it apply to work subject to a building notice, full plans application or initial notice submitted before that date provided the work started before 15 June 2023. Since OP describes their apartment as "newish", it seems unlikely that these regulations apply.

Contrary to what OP says, developers can't get around the regulations by testing on lower floors away from direct sunlight, etc. Compliance involves meeting certain design requirements or, alternatively, using specialist dynamic thermal modelling software to show that the design adequately reduces the overheating risk, then showing that the building matches the approved design. No testing is required.

Thanks for the many responses. I’ll look into the suggestions provided.

The air conditioning unit doesn’t cover the whole flat, it is a standalone unit in our lounge.

It is definitely an insulation issue, as other residents have had other insulation related issues in their apartments.

I had a look at the cool you system, it seems perfect for us. Thank you!

unless its incorrectly installed though and causing mould I still don't understand what you're suing for?

We had a different issue with a new build apartment block. It was built in 2006, NHBC have paid out on the claim and work still hasn't commenced nearly 20 years on.

If you do decide to take legal action, prepare for a long and expensive battle. I would advise moving as soon as you can.

Just installing a proper air conditioning system is likely to be orders of magnitude less stressful, expensive, and time-consuming than pursuing legal action.