Window lintel construction, noise and customer service

The buyer’s complaint

The buyer claimed the builder had not resolved the issue of the substandard installation of an external concrete lintel under a kitchen window and had provided poor customer service in relation to snagging issues and noise concerns.

The buyer requested the builder apologise and pay £10,725 for mortgage costs, £5,000 for bills and £6,000 for inconvenience and distress.

The builder’s defence

The builder stated it had not breached the Code and had a system and procedure in place for receiving, handling and resolving calls and complaints. The builder stated the block of apartments was built to robust detail and 10% impact and airborne tests had been carried out on the remainder of the apartments at the site. The apartment in question had retrospectively passed an in-situ test. Overall, the builder felt it provided an accessible after-sales service and had made appropriate attempts to resolve the buyer’s complaint within a reasonable period.

The adjudicator’s findings

The adjudicator was satisfied that the builder had responded to the buyer’s enquiries, explaining that it adheres strictly to building regulations and industry standards to reduce noise transmission between units and clarifying its construction practices.

The adjudicator concluded that that the builder had made reasonable attempts to resolve the noise issues and had apologised for any perceived shortcomings in its customer service.

Further, the adjudicator found the builder had attended the property numerous times at regular intervals to try to fix other snagging issues and conducted noise tests at the apartments. The adjudicator found nothing to suggest that the timescale of the builder’s responses were unreasonable, as in most cases the builder promptly attended the property to investigate the buyer’s concerns.

Learning points

For buyers

• The Code is there to make home buying fairer and more transparent so that you feel well informed about your home and its features, and your buying experience is positive. However, there may be some circumstances where your view on a particular issue differs from your builder, and your expectations may exceed what they are required to deliver. It’s important to ask lots of questions before you reserve your home and during pre-contract stage to help ensure it will meet your needs.
• If there are issues that are particularly important to you such as noise, it’s worth discussing these with your builder so they can give you accurate information about expected – and technically acceptable – noise levels.

For builders

• Providing a timely response to complaints and working hard to resolve potential issues helps you comply with the Code. Even in situations where you are unable to resolve differences with your buyer, complying with the Code helps ensure you maintain a strong standard of customer service.
• Keeping a record of correspondence with buyers, particularly regarding snags or complaints, is really important. It can help you identify any gaps in your service and/or evidence good customer support in the event of a dispute.