To claim for this type of defect, an expert report must first be drawn up, including thermographic tests, to determine the origin of the air ingress: whether it is due to defective execution or installation of the window, the shutter box, the sealing, etc.
Once the origin is determined, the expert report will set out not only the method of repair but also its cost.
A claim will then be drawn up on the basis of the report and brought against the responsible parties, whether the builder, architect, quantity surveyor and/or developer, for the repair of the air leaks.
Damage to habitability due to air leakage
It causes a major loss of energy efficiency and comfort. When air enters through gaps around windows that are not perfectly airtight, heating or cooling the inside of the home costs much more, with a corresponding loss of energy efficiency, and the unpleasant entry of cold or hot air from outside undermines the habitability of the home.
Liability of the builder for air leaks in dwellings
Article 3 c.3) of the LOE establishes that a basic requirement of a building is energy saving and thermal insulation, so that the energy needed for the proper use of the building is used rationally.
If there are air leaks in a dwelling, it clearly fails to meet this requirement. The responsibilities, whether of the builder, architect, quantity surveyor and/or developer, will be determined by the expert report, depending on whether the problem lies in site management, design or execution.
When this type of defect occurs in a building, it is usually found not in one or two dwellings but in a large majority of them, so claiming jointly is the usual and most advisable procedure. The same applies to other defects such as damp, poor acoustic insulation and bad odours from pipes…
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