Incorrect information about bedroom space

Case Study
The buyer’s claim
The buyer claimed the master bedroom was smaller than shown on the plan and the bed was not easily accessed from three sides.
The buyer requested the builder move the stud wall in the master bedroom so the bed surround could be accessed safely or pay £10,000 plus VAT for a local contractor to complete the work.
The builder’s defence
The builder stated the property was built to the correct dimensions and it would not move the wall. They had, however, offered to place the wardrobe around a supporting pillar to increase space in the room.
The adjudicator’s findings
The adjudicator considered a copy of a plan which the buyers said was provided to them by the builder to show the layout of the property. Whilst the bed didn’t have any dimensions applied, the plan did show a reasonable amount of space to manoeuvre around it.
The adjudicator noted the plan did not reliably illustrate the room layout, giving the impression of more space in the room and this was relied on by the buyers. However, the adjudicator found no evidence that the room had been constructed to the wrong dimensions.
The adjudicator also noted that the tilt and turn window could not be fully opened due to the room dimensions and the only location for the bed.
The adjudicator noted that the builder had acknowledged the wardrobe was not built in the location agreed, and for which they had apologised and offered to correct, and although this was rejected by the buyers the adjudicator believed this offer was reasonable.
Decision
The claim succeeded and the builder was directed to re-offer the proposed solutions to moving the wardrobe to the correct place, pay £500 for the inconvenience caused and issue an apology.
Learning points
For buyers:
- If you are relying on drawings or measurements provided by your builder, it’s essential to check exactly what you are being shown and the accuracy of the information. Sometimes drawings and brochures provide illustrative layouts which may not reflect the actual size or space. If you know the dimensions of your furniture, tell your builder and check the dimensions and layouts will be suitable for your needs.
For builders:
- The Code requires you to provide sufficient information to enable buyers to make an informed decision. It’s likely your buyers will rely heavily on illustrations that indicate the size and potential layouts of different rooms. It’s important to point out where furniture or other items shown are not to scale, particularly when it comes to beds and sofas which can vary in size and are often the largest item in a room.
- Ensure you and your subcontractors follow the specification given to the buyer to avoid unnecessary inconvenience and distress for your buyers and avoid expensive remedial work.
Adjudication Case HOME007516