Defective roof

Introduction

This case is an example of where the Code’s Independent Dispute Resolution Scheme can play a role even when a dispute relates to a technical defect. Where this happens, the defect itself should be raised with the home warranty provider as Code adjudicators cannot make technical assessments. However, the Code does cover after-sales service and complaints handling, which was the focus of this complaint.

The buyer’s claim

The buyer claimed there were multiple defects with the slate roof and the property had had full height ‘wrap around’ scaffold in place for a considerable time period.

The buyer claimed the builder had made a verbal agreement to replace the roof using an alternative sub-contractor and had undertaken a roof survey, but would not share it with the buyer.

The buyer also claimed the builder had failed to comply with its complaints procedure and was therefore in breach of the Code.

The buyer requested the builder re-roof the property with an alternative sub-contractor to the original installer and pay £500 in compensation.

The builder’s defence

The builder stated the claim was ‘not founded’ as they believed they had provided ‘an effective level of aftersales service and effective complaints procedure which the buyer had used.’  The builder also stated it had used a system to record the complaints and provide feedback to the buyer.

The builder did however acknowledge that it had taken longer than hoped to fully resolve the issues with the roof, but that this was due to a variety of factors, the majority of which were outside of their control.

The builder provided a list of more than 40 communications that had been issued to the buyer.

The adjudicator’s findings

The adjudicator was concerned only with how the builder had handled the complaint. Technical details relating to the roof could not be assessed under the Code Scheme.

The adjudicator noted that while the email correspondence demonstrated that the builder was in regular communication with the buyer, the emails also included apologies for delayed action.

The roofing issue had still not been resolved over a year after the initial complaint was raised, and the scaffold had been in place for seven months. As a result, the adjudicator determined that the builder did not have a suitable system in place for handling and resolving the buyer’s roofing complaint within a reasonable timeframe and was therefore in breach of the Code.

Learning points

For buyers:

• It’s important to understand who covers what when it comes to issues with your home. Our overview of consumer protection shows how resolving technical/structural defects is your builder’s responsibility. If you cannot reach a satisfactory solution with your builder, your warranty provider will typically provide dispute resolution support.
• However, the Consumer Code for Home Builders does cover how effectively a builder handles after-sales support and complaints handling. Your builder is required to have processes in place to handle and resolve complaints within a reasonable timescale. Read the Code’s requirements with Builder Guidance and our guide to effective complaint handling to understand your builder’s obligations under the Code
• Keep notes of all conversations and meetings with your builder and ask them for written confirmation of any agreements or clarifications made so you can refer back to these in the event of a complaint, particularly where the complaint involves a significant level of work.
• Take a look at our Complaints pack for tips in raising a complaint via the Code’s IDRS.

For builders:

• Defects are your responsibility to resolve within the first two years after completion, and your warranty provider will typically provide a dispute resolution service if you and your buyer cannot agree. However, the Code’s Independent Dispute Resolution Scheme (IDRS) also applies if the original complaint relates to a breach in the Code’s requirements, which include after-sales support and complaints handling.
• The Code specifically requires you to keep your buyers updated whilst dealing with their complaint, but communication alone is not enough. You must also have a clear process in place to resolve the complaint within a reasonable timescale. 
• Read the Code’s requirements with Builder Guidance which explains your obligations in detail and our guide to effective complaint handling can help ensure you put all these requirements into practice.
• Be open and transparent with your buyers and set clear standards for any sub-contractors working on your behalf. Our Right First Time factsheet provides useful tips on handling customer complaints.