Multiple issues including boundary concerns

The buyer’s claim

The buyer claimed there were numerous ongoing problems and faults at the property and the builder had referred them to the warranty provider. Despite a site inspection from the warranty provider and subsequent report, numerous defects remained unresolved.

The buyer claimed the information they received at Reservation did not make it clear that there would not be a solid boundary, resulting in a lack of privacy, and that an electric shower had not been installed despite the buyer’s specific request.

The buyer requested the builder pay compensation of £15,000 and take practical action to resolve the outstanding issues.

The builder’s defence

The builder stated it had responded to all the buyer’s communications within a reasonable timeframe, had attended the property to undertake remedial works and confirmed it had advised the buyer to contact the warranty provider directly.  Two minor faults were subsequently identified and remedied shortly afterwards.

The builder did not offer any form of settlement and declined to provide the requested remedies.

Learning points

For buyers:

• Builders are required to provide sufficient information to enable you to make an informed purchase. In most cases, any drawings or images you see should include all the main attributes of your home. If you are unclear about any of the materials or designs, ask your builder to clarify.
• When discussing additional requests, changes or even confirming details of what has already been planned, it’s important to capture this in writing. Consider summarising the content of telephone or face to face discussions, in an email so that both you and your builder have a record. This can also help to quickly identify and address misunderstandings.
• Our free complaints pack includes handy tips on recording information throughout the purchase process in case it is needed later.

For builders:

• It’s important to ensure home buyers understand the information they have been given, particularly if it is in unfamiliar formats or relates to a property that hasn’t yet been built. Prompt your buyer to ask questions and highlight any areas that may be unclear such as gradients, boundaries or shared access.
• Keep records of conversations where additional requirements are discussed. This can help clear up any confusion or misunderstandings about timings or specific requests.
• Help your buyer understand where the warranty provider has a role versus your obligations and that of the Code. Our free consumer protection overview helps explain who does what.