Gas boiler defect

The buyer’s claim

The buyer requested the builder apologise, provide an explanation as to how the property was signed off with an untightened gas joint and missing bonding, install a missing cable to the gas main, pay £118.80 reimbursement for the engineer and £500 compensation for distress and inconvenience.

The builder’s defence

The builder did not provide a response to the buyer’s claim. However, the buyer’s evidence indicated that the builder had declined to deal with the points raised as the gas installation was completed, tested and signed off by a suitably qualified Gas Safe registered engineer at the time of construction and the gas inlet pressure was tested and passed at completion. Furthermore, the supplementary bonding was not required because the incoming gas main was plastic.

The adjudicator’s findings

The adjudicator noted that the builder contacted its contractor on the same day the buyer raised their concerns, who in turn spoke to the buyer. However, given that the boiler had not been serviced by the buyer since completion and was therefore out of warranty, the builder offered to send its contractor to investigate the issue but there would be a call out charge.

Whilst the buyer declined this offer and engaged their own Gas Safe engineer, the adjudicator found the builder’s response to be reasonable given that the gas installation was appropriately tested and signed off on completion by a suitably qualified Gas Safe registered engineer. The adjudicator was not persuaded that the compression fitting connecting the gas pipework to the boiler had never been tightened during the initial installation.

The adjudicator found no evidence that the builder dismissed the boiler defect as “vibration” without inspection and found that the builder provided an accessible after-sales service and responded appropriately to the buyer’s complaint.

Learning points

For buyers:

• Your builder is responsible for ensuring services are appropriately and safely installed and signed off before legal completion. However, post-completion, you are responsible for maintaining your own appliances such as boilers, and meeting any servicing requirements to ensure the warranty cover is maintained.
• Occasionally, different engineers might give conflicting advice about what is necessary to comply with standards, and how this is affected by the materials used. If you are concerned, speak to your builder and, if necessary, follow up with the original contractor who signed off the work. If you are not satisfied with the response to a gas or boiler related issue, you can also contact the Gas Safe Register to raise your concerns.

For builders:

• Make sure you include all the relevant gas and electrical safety certificates in your home introductory pack.
• Be clear on the Code’s requirements (section 5.1) to explain to buyers what is normal maintenance and ‘running in’ and what the buyer is responsible for. This may include registering warranties on completion and/or regularly servicing their boiler or other appliances. The Gas Safety Register offers a handy reminder tool for boiler services that you could encourage buyers to make use of.
• If a buyer reports a concern with a boiler or any other safety-related appliance, respond quickly and recognise the concern this may cause. Even if you are not responsible for dealing with the issue, be ready to offer guidance, signpost them to relevant services and offer to inspect where appropriate. This is an important part of providing a good after-sales service as well as recognising that issues relating to gas and electricity can be particularly concerning for home owners.