Until the Code was introduced, a Home Buyer who felt that they had a claim against their Home Builder, as a result of their Home Builder’s action or inaction, would have to have taken a case to court if the matter was not covered by their Home Warranty scheme.
Under the Code, not only are the Home Builder’s responsibilities more clearly laid out, there is also a free, speedy, Independent Dispute Resolution Scheme that will determine a Home Builder’s responsibilities, without the Home Buyer having to take to legal action.
The scheme applies to complaints made up to two years from the date on the Home Warranty Body’s insurance certificate, which defines the start of the period of cover, about defects or damage caused by a breach of its technical requirements, and has a maximum award of £15,000.
A dispute may arise where a Home Buyer believes the Home Builder has failed to meet the Code’s Requirements but it falls outside the Home Warranty Body’s resolution scheme for defects or damage. If so, the dispute may be resolved by the Home Buyer applying to the Consumer Code’s Independent Dispute Resolution Scheme. This means a trained Adjudicator will review written submissions from both parties and issue a decision based on their conclusions. The Adjudicator will decide whether or not a Home Buyer has a legitimate dispute and has suffered financial loss because their Home Builder has breached the Consumer Code’s Requirements.