Whether your home is
a new-build or an older property, building defects can be a nuisance for them
both and if not detected and rectified as they should be and can have
long-lasting effects on the property. Both skill, expertise, knowledge and
professional experience is needed to establish the cause and be able to
recommend an accurate remedy to correct the issue. Lots of buyers realise only
too late that while a property can tend to be the most expensive thing they
ever buy can often be one of the least-protected by consumer law. With lots of
goods, whether it be a new sofa or a TV, you have the right to reject them and
demand your money back if they fail to live up to expectations. Property,
however, is exempt from the Sale and Supply of Goods Act, with the result
homebuyers are stuck with faulty properties. With this in mind, here in this
blog, we outline to you some of the various considerations you need to factor
in if your new-build home has defects.
There is a
code of conduct that home builders must adhere to and that you can rely on when
you have a query in regards to your new property. The Consumer Code for Home
builders is an industry-led code of conduct for builders, which was developed
to make the home buying process simpler and more transparent for purchasers.
Under the
code, builders are requested to have a system for dealing with various
complaints that they may have. The aim of the Code is to make sure that all
new-build home buyers are treated fairly, know what levels of service to expect
and are given valid information in regards to their purchase. It is also
designed to make sure consumers are aware of their rights before and after they
move into their newly built property. Home buyers require details for how to
access dispute resolution arrangements in order to deal with any complaints.
Who is covered by this Code?
The Consumer
Code applies to home buyers who, on or after April 2010, bought a new or newly
converted home built by a home builder registered and insured by one of the
following home warranty bodies:
●National House Building Council
●Premier Guarantee
●LABC Warranty
●The Code’s pre-sale and handover
requirements apply to home buyers who are the first purchasers of that
particular home.
The Code's
after-sales service applies to any person who was an initial purchaser of the
home but also to any subsequent buyers of that home within the first two years
of this initial purchase.
Warranties
One of the
main attractions of buying a new-build home is the total clarity which comes
with the warranty associated with this purchase. Most new-build homes tend to
have a 10-year warranty for building problems as well as a developer’s warranty
- often for two years for the fixtures and fittings.
Prior to your exchange contracts, you need to
receive the following information in your reservation agreement:
●The name and contact details of the
provider of the insurance-backed home warranty that are a part of this
transaction.
●An overall summary of the insurance
protection that the insurance-backed home warranty provides.
●You need to receive details of the
warranty provided by the developer. There should be a clear guidance on what is
covered and how to make a claim.
Below we
list some of the common defect issues many homeowners have experienced with
new-build homes.
Property not available on time
Builders
need to offer reliable and realistic information about when the home will be
finished, the date of legal completion and the date for handover of the home.
If an unreasonable delay happens in regards to finishing the home, you might
have the right not to go ahead with the purchase and get a full refund of your
reservation fee.
But being
aware that builders will sometimes give estimated timings in contracts - often
overly ambitious timings - which can result in two problems. The first being
that you do move in on time but discover a fair few snagging issues, anything
from a wonky worktop surface or incomplete sealant job meaning that you’re
unable to move in on time.
Issues with fitting and fixtures
When you
move into a new-build property you might not realise if there are issues with
the fixtures and fittings straight away. But cumulatively it can be highly
costly to fix problems with things like tiling, flooring, light switches and
built-in cupboards. If you realise problems, you’ll need to contact your
builder to get them sorted.
It was once
the case that checks had to be legally carried out at specific points during
the build but these regulations have been relaxed. Nevertheless, the National
House Building Council states that properties need to be checked between
five-six times at key stages of the building process. You have to also be
provided with the results of a snagging survey prior to your move in date which
should identify if there are any problems.
Issues with insulation
Low energy
bills are another big selling point for buying new-build homes, with lots
of builders claiming that new builds can
save you up to 50% on energy bills compared to other properties.
Prior to
moving into your home your developer should have carried out an assessment on
the energy efficiency on your home. If you realise your house feels chilly in
winter or that your energy bills are higher than expected, you should get in
touch with your builder and request a re-assessment.
Independent dispute scheme
If you find
yourself feeling unhappy with the manner in which your complaint has been dealt
with and you have also exhausted your home builder’s complaint process, you
could ask to be referred to an independent dispute resolution service.
You have
three months from the date of your builder’s final response to your initial
complaint in which to request to be referred to a dispute resolution service.
Your home warranty body will offer you with an application form and details of
any evidence that you’ll need to submit so that your complaint can be passed
on. The dispute resolution scheme is run by IDRS Ltd and is called CCHBAS
(Consumer Code for Home Builders’ Adjudication Scheme). But be aware however,
that it will cost you £100 (plus VAT) to register a complaint.
Simon Levy - Your local property expert
Whilst lots
of specialists will provide you with solely the issue and apparent remedy, Simon Levy Associates
go the extra mile and provide you with a
comprehensive report detailing our finding, the exact cause and fully apprised
report and remedy on how to best overcome the issue both practically and
financially. We can further recommend contractors from our list of extensive
approved contractors to undertake the works and if required, formulate a
schedule of works and oversee the repairs works on your behalf.
When appropriate we will recommend the use of
other professionals including structural engineers, geotechnical consultants,
etc. many of whom we alongside on a daily basis who can be introduced to assist
the client where appropriate. Simon Levy Associates are frequently engaged to
diagnose building defects (including subsidence damage) and are engaged to
design, specify and administer, monitor, inspect repair projects from inception
to completion. To find out more about the services we offer, please
contact us
today, we’d be delighted to help.
