ASK THE EXPERT: What Are My Consumer Rights After Purchasing a New Build Home?

Over the last few years, there has been a significant increase in the demand for new build properties. Many of which are purchased off-plan where the customer can personalise the property to suit their needs and these are often built on luxury well-kempt estates.

However, there can be issues with these new buildings, where the developer is placing profit over quality and the Consumer is left with a less than desirable property.

If you’re wondering what your consumer rights are when purchasing a new build home, Thomas Tilbrook the Head of our Dispute Resolution Department, answers the most frequently asked questions:

What Is the Consumer Code for New Home Builders?

The Consumer Code for New Home Builders is an industry lead initiative in which there is a code of conduct for builders.

The purpose of this code is to make the buying process fairer and more transparent for purchasers. It came into force in April 2010 and applies to all home builders registered with the UK’s main home builders warranty providers (NHBC, Premier Guarantee and LABC Warranty).

Common Problems with Purchasing New Build Homes

There are a multitude of problems that can arise from the purchase of a new build property. Such as the property not reflecting the same surface area as those in the plans, poor workmanship, and more.

Find out more about common problems with new-build homes below:

Home Not Ready in Time

For some, it is absolutely essential that a new build property is completed on time.

The purchaser may themselves be in a chain and it is essential that the new build is finished on a specific date. If it is not, then whether damages can be obtained for failure to complete on time will depend on the terms of the contract.

If it is essential that a build is done in time then you must ensure this is included within the contract to help avoid any wider issues.

Issues with Structure of the Home

If there are issues with the structure of the building then your home’s integrity could be at risk.

In these circumstances, you may be able to negotiate with the builder and/or claim against the warranty.

Issues with Fittings & Fixtures

Ensure all the fittings and fixtures are clearly identified in the contract.

There should be an inventory list and you should ensure you review this when you take occupation. It is always helpful to inspect the build as it is being built if it’s possible to do so.

Is My Home Covered by Warranty?

Your new build home should come with a warranty issued by NHBC (the UK’s leading warranty provider), premier guarantee to name a few.

The warranty usually has a term of 10 years and will cover any damage to the building that is a result of the developers/builders.

What Steps Can I Take to Resolve the Issues?

If issues do unfortunately arise, then the starting point would be to contact the developer and the warranty provider.

In most instances, any dispute can be resolved through negotiation with the developer and warranty provider. Unfortunately, not all negotiations are successful and you may need to escalate your complaint.

How Can I Take Legal Action

Should the response to your complaint remain unresolved and you are not happy with the response from the developer/warranty provider then you may need to involve the courts.

At this point, a Solicitor such as our Dispute Resolution team at Best Solicitors would be able to provide you with legal assistance.

Consumer Rights New Build Homes: What Could I Be Entitled To?

To summarise, hopefully you’ve read through all of the above and now feel much more comfortable around what your consumer rights are when purchasing a new build home. If you’re in a position where you’re ready to take legal action, then you could be entitled to the following:

The cost of repairing the damage to your property
Claim for stress and inconvenience – limited to around £3,000 per year
Costs of any experts
Legal costs

At Best Solicitors, we’re experts in consumer rights new build homes. If you require our assistance or wish to check if you can make a claim, get in touch with our expert Dispute Resolution Team today on 0114 3583134 or email us via our contact page.

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