Turf and rubble issues and complaint handling

The buyer’s claim

The buyer claimed the builder had incorrectly laid the lawned areas leaving the grass difficult to maintain and unpleasant to walk on. The buyer also claimed the lawned areas were full of rubble and debris and although they acknowledged the builder had arranged for the landscaping contractor to visit the property, the buyer disagreed with the assertion that they were not maintaining the lawns correctly.

The buyer felt the builder should remove all rubble and relay the turf on proper topsoil.

The builder’s defence

The builder denied being in breach of the Code and stated it had advised the buyer on how to maintain the lawns. However a re-inspection by the landscape sub-contractor identified that the buyer was not sufficiently implementing the recommendations.

The builder noted that it had carried out groundworks at the property to a status higher than that required by the warranty provider and that much of the rubble identified by the buyer had resulted from digging carried out to erect a large shed in the garden. The builder confirmed it found no faults with the lawns, had not made a settlement offer to the buyer and declined to relay the lawned areas.

The adjudicator’s findings

The adjudicator found that the parties had an ongoing exchange of communications for almost twelve months before the builder issued its final position. However the builder had not attempted to deny responsibility for the issues, had arranged for the landscaping contractor to attend the property for an on-site inspection and had shared the findings with the buyer.

The adjudicator noted the builder had also explained to the buyer the groundworks methodology during construction whereas the buyer had not retained any third-party independent professionals to inspect the lawns to support their position.

The adjudicator therefore found the builder had responded to all of the buyer’s communications within a reasonable time period, took steps to rectify the issues and had acted reasonably in seeking the input of external professionals.

Further, the builder’s website contained detailed information on its Complaints Procedure, including how to access the dispute resolution process and that the builder had in place a system and procedure.

Learning points

For buyers:

• Builders are required to meet the technical standards set out by their warranty provider, but this will not always include turf laying. Check your policy to understand what is included, what standards the builder must meet and any obligations on you as the homeowner to maintain the condition of the grass or planting. Be aware that your own expectations of what should be provided may differ from the warranty provider’s standards which govern builders’ obligations.
• Getting new turf to root and grow well does require regular maintenance. Your builder should provide guidance on what to do and it’s important to stick to the regime they set out. Watering is particularly important during the summer.
• Keep a note of your discussions with builders and take photographs of any areas of concern to help support discussions or complaints with your builder.
• For more information about what to expect from your builder when it comes to gardens, read our blog – gardens, garages and beyond.

For builders:

• Be clear with home buyers about any landscaping or planting that will be included and the standards you are working to. If you exceed your warranty provider’s technical standards, explain to your buyers what they should expect and any obligations on them to maintain new turf or other landscaping.
• Provide instructions in writing and follow up any subsequent conversations and guidance in writing for homebuyers to refer back to. This will also support your response in the event of a dispute.
• Whether you agree with a home buyer’s complaint or not, it’s essential to follow your complaints process and communicate regularly (as in this case) to reduce the risk of relationships breaking down.