EV charging points and complaint handling

The buyer’s claim

The buyer claimed that the builder had failed, despite repeated complaints, to remedy issues with an Electric Vehicle (EV) charging point associated with the home.

The buyer requested the builder provide an explanation as to why the EV chargers were not tested and operational at the time of completion and provide an action plan and timeframe for the EV chargers across the development.

The buyer requested reimbursement of £15,000 for additional costs and inconvenience.

The builder’s defence

The builder stated that it was aware of the issue with the EV charging point and had since taken action to resolve the issue. 

The builder made no offer of settlement.

The adjudicator’s findings

The Adjudicator noted that the builder had taken not taken any action when the buyer first complained about the EV issue, stating that the issue was the responsibility of the property management company.

The Adjudicator further noted that the builder continued in this position for over 2 years until the complaint was made to the Code’s Independent Dispute Resolution Scheme.

The Adjudicator found that the builder did not deal with the buyer’s complaint and did not provide a resolution in anything resembling an appropriate timescale.  The builder was therefore in breach of Section 5 of the Code.

Learning points

For buyers:

• The Code sets out strict guidelines for complaints handling and your builder must respond promptly and provide an estimate of the timescales for completion, including the reasons for any delay. The Consumer Code Scheme with Builder Guidance sets out your builder’s  responsibilities in detail.
• If your builder has not resolved the issue to your satisfaction within 56 calendar days of receiving your complaint you can refer the matter to the Code’s Independent Dispute Resolution Scheme.  Download our Complaints Pack for guidance on what constitutes a complaint vs a dispute and who to go to for further assistance.
• The sums awarded under the Code’s IDRS are based on evidence so be realistic in the amount you claim and provide supporting evidence such as quotes and invoices as back up, rather than just claiming the maximum amount available.  Read our blogs on What is an Independent Dispute Resolution Scheme and Making the most of our IDRS.

For builders:

• Communicating with buyers about complaints is essential, but it doesn’t stop there. The Code requires you to resolve issues within a reasonable timeframe.
• If the complaint is beyond your immediate control to resolve, you must explain this and keep your buyer informed of progress. Be aware, however, that you can still be found in breach of the Code if issues drag on for an unreasonable length of time. Our factsheet on handling customer complaints provides some useful tips to help you get it right first time.
• We have also set out our 6 top tips for creating a clear complaints process and a useful guide to effective complaint handling for further help and guidance.