Unexpected differences including driveway, garden slope and bathroom window

The buyer’s claim

The buyer claimed the builder did not provide honest, fair, reliable and complete information at reservation as the completed plot turned out to be different in terms of driveway length, garden slope and no window in the first-floor bathroom.

Furthermore, the builder had advised that the estate was private and no more than four houses would be sold for social housing.

The buyer requested the builder apologise, level the garden and pay £50,000 compensation.

The builder’s defence

The builder claimed it had a robust sales process in place which enabled the buyer to see working drawings for their plot and were accompanied to the plot itself, which were referenced on the reservation checklist that the buyer signed following the drawing review meeting. The builder also stated they had an accessible after-sales service and made appropriate attempts to resolve the buyer’s complaint within a reasonable period.

The adjudicator’s findings

The adjudicator found no indication that the builder misled the buyer and while the length of the driveway differed between plots, a dimensioned plot works drawing was shown to the buyer at the reservation checklist meeting which included details on the garden embankment and slope.  Furthermore, plans shown to the buyer at reservation indicated the garden would feature various slopes and as a gesture of goodwill the builder had offered some materials free of charge so the buyer could make enhancements to their garden. This was declined.

The adjudicator found that the buyer was provided with documentation which showed the plot would not feature a first-floor bathroom window and was satisfied that the buyer had been correctly informed that four properties had been sold to a Registered Social Landlord, as shown on the site plan at the reservation checklist meeting.

The adjudicator acknowledged the buyer may have lacked the necessary knowledge to interpret construction drawings, but they could have asked questions at the drawing review meeting or during the 14-day cooling-off period.

For buyers:

• Your builder is responsible for providing sufficient information in plain English to enable you to make an informed purchase.
• Buying off plan inevitably means relying on drawings for some or all decisions, which may not be easy to interpret. It is really important to ask questions and seek clarification on anything you are uncertain of.
• Although the onus is on the builder to make this information available, as a buyer, you do bear some responsibility for ensuring you understand your purchase. Read our blog for suggestions on what to consider when assessing gardens, garages and other external features

For builders:

• Keep in mind your responsibility to provide sufficient information to enable an informed purchase and consider the needs of consumers who may be vulnerable.
• Lack of knowledge or understanding about new build home purchasing can make a consumer more vulnerable to detriment. Take the time to explain diagrams and seek confirmation from your buyer that they understand any important or complex aspects, including gradients and steps.
• It’s also helpful to point out specific differences between the property being purchased and any show home on the site to minimise the risk of incorrect assumptions being made.