Changing the home’s appearance

The buyer’s claim

The buyer claimed the builder did not provide an external works drawing specific to the plot purchased and that the drawing shown did not include details about the roof at the rear of the property or access via steps to the front.

The buyer also claimed the builder did not have a process for handling and resolving service calls and complaints and did not provide an accessible after-sales service.

The buyer requested the builder complete the remedial work and provide £15,000 compensation.

The builder’s defence

The builder acknowledged the drawing provided at the reservation stage did not include the final canopy design and that there were some delays responding to the buyer’s concerns, although many of the concerns had since been resolved.

The builder stated that they intended to replace the canopy.

The adjudicator’s findings

Based on the fact that the builder acknowledged the final canopy design was not shown to the buyer at reservation and had made no comment on the buyer’s claim that the front steps were different, the adjudicator found that the builder had breached the Code by failing to inform the buyer about a change which altered the appearance of the home.

The adjudicator also found that although the builder had provided an accessible after-sales service, it took the builder many months to provide the requested plans and acknowledge the design change.

Further, despite the completion of some remedial works, there had been timing issues and delays, and the works were not always carried out to a reasonable standard.

The builder had agreed to reimburse the buyer, but the buyer had to chase the builder for many months before payment was made.

Learning points

For buyers:

• If you’re buying off plan, it’s particularly important to ask questions about the appearance of your home, the materials used and the overall design. Read our Consumer Code Scheme with Builder Guidance which sets out the Code Requirements alongside guidance for builders. This will help you understand what information to expect from your builder and any questions you could ask.
• Under the Code, builders must inform buyers of any changes that may affect the appearance of the home. Major changes must be agreed with you in advance.
• Although the Code Scheme allows for claims up to £15,000 (or £50,000 for claims made under the Fifth Edition of the Code) an adjudicator can only award up to £500 for inconvenience (£2,000 under the Fifth Edition). Other financial awards are based on evidence provided to put matters right.

For builders:

• The Code requires you to keep buyers informed about any changes that could affect the appearance of their home. Where there are major changes which significantly and substantially alters the size, appearance or value of the home, buyers can cancel their purchase and receive a full refund, even after exchange of contracts, if they do not agree with the change. It’s good practice to keep buyers informed, even if changes seem minor, to minimise the risk of complaints later.
• Having an accessible after sales service includes responding to home buyers promptly. Most importantly, though, it means taking action. The Code’s adjudicators will consider not just whether you have responded to a complaint but how long it took for progress to be made.
• It is particularly important to ensure you comply with the adjudicator’s decision within the agreed timeframe. Failure to do so could lead to additional charges for non-compliance under the Code’s pilot non-compliance charge.