As we all know the UK is suffering an endemic of a shortage of houses for the growing population, despite the best efforts by developers to provide sufficient new homes to comply with the demand and the political pressures placed on developers.

Despite this, often developers are the public enemy number one, and the national press is very quick to publish any complaint that a new owner has.

Common Issues With a New Build Home

• Build issues: the most common complaints that new-build owners have relate mainly to the quality of the build such as pointing on the brickwork, sealant inconsistencies, insulation and windows and doors.
• Issues with fixtures and fittings: the owner will complain the fixtures and fittings namely the fixtures are not as described or there are insufficient fixtures and fittings. It is therefore essential for you to prepare a detailed inventory which sets out what the new home will be fitted with (if at all).
• Delay in build: one of the main complaints received by buyers of new builds is that the build has not been completed in time. It is important to ensure that realistic information is tendered to the buyer about when the build will complete. It is usual to place the timing on completion into the contract, if so be very specific of what constitutes the timing as this can often be met with a large snagging list of unfinished work which can cause further expense and dent in profits.

What Are Consumer’s Rights With a New Build Home?

A purchaser will expect any new build home to be purchased with a warranty provided by one of several warranty providers. These warranties are not a legal requirement, however, the purchaser will insist on the new build being sold with the benefit of a warranty.

The warranties last for a period of 10 years the successor in title to the build will be able to rely on that warranty until the expiry of 10 years.

Generally in the first two years of the warranty, the policy will cover most defects (except minor defects and wear and tear). It would be expected of the owner to forward any issues to the builder directly and the builder would be expected to remedy any issues with the property.

What You Should Do As a Developer

As it would be expected for the builder to engage in any complaint it would be anticipated that the builder complies with the Consumer Code for New Home Builders.

This is an industry-led initiative to increase the transparency between the builder and purchasers. The code sets out the following;

• Buyers are kept treated fairly;
• Consumers are made aware of their rights
• Information on how to access any dispute resolution
• Information on what levels of service to expect

The Consumer code applies to any home purchased after 1 April 2010.

The owner, should they feel their complaint has not been handled appropriately, can raise a complaint with the Consumer Code for Home Buyers Adjudication scheme. An adjudicator will be appointed and they do have some teeth in respect to the penalties namely a £15,000 maximum award. The owner also has the opportunity to commence legal proceedings.

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