Garage door size

The buyer’s claim

The buyer claimed that the garage door was too narrow for his car and the builder would not discuss his complaint, resulting in a breach of several sections of the Code relating to pre-purchase information, after-sales and complaints handling.

The buyer requested the builder resolve the issue and pay £12,000 compensation.

The builder’s defence

The builder stated that the buyer had viewed the garage doors before reservation but went on to purchase the home. The builder also stated it had responded to the complaint.

The builder did not make an offer of settlement.

The adjudicator’s findings

The adjudicator found that the buyer viewed the home before reservation, at which stage the garage was complete.

Further, when the buyer contacted the builder about the garage doors, the builder responded confirming that the garage had been constructed to the correct specification, was viewed by the buyer before reservation and as there was no defect, the builder could not offer to complete any remedial work.

When asked to escalate the complaint, the builder passed it to the customer service director who provided a full response confirming the garage had been constructed following relevant planning permission and featured standard-sized doors, and also explained how the buyer could escalate the complaint if required.

Taking this into account the adjudicator found that the builder had provided an accessible after-sales service of which buyer was made aware, and that the builder had responded reasonably to the buyer’s concerns, explaining why it believed there was no defect or fault.

Learning points

For buyers:

• Although the garage doors did not suit the buyer, they had been built to specification and viewed prior to purchase, highlighting how important it is to check all the details of the home meet your requirements prior to purchase, including the outside areas.
• Read our blogs to understand your new property purchase and some important things that you need to know before you sign your reservation agreement.
• Before raising a complaint via the Code’s IDRS download our Complaints Pack which explains the difference between complaints and disputes and provides some tips to consider before proceeding.  You can also read our blog on making the most of our Independent Dispute Resolution Scheme.

For builders:

• The Code requires you to provide an accessible after-sales service and have a process for handling complaints including set timescales and explaining your reasonings for any remedial work or otherwise.
• If the home is still under construction show your buyers a comparable property and point out aspects that may not be clear. Our Right First Time factsheet gives some tips on making information easy to understand for your buyers.
• You can also read our blog to check you are providing sufficient pre-purchase information to enable your buyers to make informed purchasing decisions and download our handy Code compliance checklist.