Unsafe shared driveway

The buyer’s claim

The buyer claimed they were sold the property on the basis that the driveway was private. However, it is a shared driveway used by the public as well as construction vehicles which are causing damage and raising safety concerns. The buyer requested the builder end the construction and public use of the shared driveway, repair the damage and pay compensation for distress and inconvenience.

The builder’s defence

The builder stated that the shared driveway was not marketed or sold as private and that the buyer was aware of the existence and the position of the shared driveway in relation to the wider development at the point of reservation. It had no control over third parties walking or driving over the shared driveway but it had given its contractors appropriate instructions and installed preventative signage.  The builder offered to carry out any necessary repairs to the shared driveway at its own cost in due course.

The adjudicator’s findings

The adjudicator found that the information the builder provided about the shared driveway was clear and truthful and was sufficient to enable the buyer to carry out their own due diligence before purchase. The risk of third parties accessing the shared driveway was clear from the plan which clearly set out the location of the shared driveway in relation to the development, and it was open to the buyer to investigate this risk further.

However, the adjudicator concluded that the builder did not provide the buyer with information about safety precautions against hazards such as construction vehicles, and by putting the onus on the buyer to report their concerns, it was not taking proactive steps to provide the safety information in the first place.

The adjudicator also found that the builder had not resolved the buyer’s complaint as it had not stated what measures it had put in place to ensure compliance by its employees and contractors, such as monitoring, and the issue could therefore just continue unabated.

Learning points

For buyers:

• Buying a home is a complex process and there’s a lot of information to take in, which is why it’s important to keep a record of conversations. If you have questions for your builder that are discussed in person or on a call, follow-up anything agreed, in writing, to avoid misunderstandings. These records can also be helpful if you need to raise a complaint or dispute later on.
• If you have criteria for your purchase that are particularly important to you, such as a private driveway, discuss this with your builder so that any potential issues are flagged early on, ideally before reservation.
• If work is still underway on the development, your builder is required to provide you with health and safety information. If you have any concerns or queries – particularly relating to safety on site – raise them with your builder as soon as possible, and follow up in writing.

For builders:

• The Code clearly states that builders must tell buyers about the health-and-safety precautions they should take when living on a development where building work is ongoing. This is in addition to the health and safety information you must provide for buyers visiting sites under construction. Both requirements are designed to help ensure buyers can visit or live in their homes safely during ongoing development. Failing to meet this requirement could not only breach the Code, but potentially puts your buyers at risk and could violate health and safety legislation.
• How you handle complaints can make a big difference to the outcome of a dispute. If a buyer raises a complaint, take the time to respond fully, explaining any action you’re taking because of their complaint and the reasons for doing so. If you don’t agree with the complaint, it’s still important that you explain the process you have been through to investigate it and why and how you have reached your decision.
• Remember to signpost buyers to the Consumer Code for Home Builders if you’re unable to resolve their complaint. They can contact our team to find out whether their concern is likely to be covered by the Code.