Many people decide to ‘buy new’ from a housebuilder in the belief that it will be a much less troublesome experience than buying somebody else’s home. In reality however, these people go on to find the experience more stressful than they could possibly have anticipated. The reason for this is that the purchase of property is not subject to the Sale of Goods Act or the Supply of Goods and Services Act which cover the majority of purchases, with the result that there is a general absence of consumer rights and legal redress in what is a significant and high-risk purchase. Most consumer complaints relate to:
- The time taken to finish building, despite promises of a much earlier completion date, having sold their old home and paid a significant deposit
- Misdescription / misrepresentation of the property or the area. What consumers were led to believe in terms of the specification of their property or use of land surrounding their property have not been the case.
- The contractual process after exchange of contracts – the 10 day notice period and the inability to claim breach of contract for poor workmanship
- The inability to gain access to ‘snag’ the property before completion
- The quality of finish on moving in and the time taken to come back and rectify the faults
- Absence of customer care in the period after moving in, compared with the time leading up to completion.
- No legal right to damages or compensation even if major problems with the property cause significant disruption and loss of amenity.
- General dissatisfaction with the NHBC, the warranty provider for the majority of new homes.
Choice of housebuilder
In terms of the main UK housebuilders, no one organization can be said to be better or worse than any other with regard to quality of build. They are only as good as the contractors they use at the local level. However, there is a good deal of variation among them in terms of the after-sales care they offer, and it is a good idea to research this by talking to anyone who has moved in to that development. Small local housebuilders can often be said to provide better attention to detail, but it is important to establish what you can expect from them after handover with regard to addressing any defects or damage.
Buyer beware
The majority of new homes will have a warranty underwritten by the NHBC (The National House Building Council). Although this provides the more comprehensive coverage than other warranty providers, it does not guarantee a home without defects or the immediate resolution of any problems you encounter.
If your new home is ‘build complete’ but you haven’t yet exchanged, request a quality audit. This can be carried out by a professional snagging company such as New Build Inspections Ltd who will carry out a detailed inspection and provide you with a comprehensive snagging list of defects to be addressed. You can then insist this be incorporated into the contracts to be exchanged.
If your property is not build complete by the time you’ve exchanged contracts, arrange an inspection prior to legal completion. This will ensure the property is comprehensively snagged before you move in, and there won’t be any nasty little surprises awaiting you when you do!
Notice to complete
Once your property has been issued with its certificate of habitation by the warranty provider (usually the NHBC), the housebuilder will give you notice to complete, during which time your solicitor will draw down funds from the mortgage provider in order to transfer them on the day of completion. The exact number of days will be specified on your contract, although it is usually around 10 working days. The builder may ask you to complete sooner than the contracted number of days but you are quite within your rights to refuse.
During the notice period, your property should be fully completed and habitable. There may be one or two touch ups to do, but in general it should be finished to a reasonable standard of quality with no major faults, damage or unfinished areas. Unfortunately you cannot delay completion on the basis of snagging items, unless they are significant or numerous enough to render the property uninhabitable. Any attempt to delay completion will only precipitate threats of late interest charges from the builder.
After completion
After completion (or handover) of the property, what few consumer rights you have will be guided by the warranty provider (in most cases the NHBC), so refer to your handbook to see what you are covered for and what the procedure is for reporting a defect or making a complaint. In general, you should be contacting your builder in the first instance, but if it is taking unreasonable time or they refuse to respond, then should make a claim through your warranty provider and they will contact the builder on your behalf. As mentioned however, this will not necessarily lead to satisfactory and speedy resolution, and many people find their issues can drag on for months, sometimes years
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Very good advice for anyone looking to buy a new build, I think the Government/our local MPs should be helping those of us who have had many problems with our new homes, it’s absolutely disgraceful the way we have been treated by these builders they are robbing us and nobody seems to care, I’ve had 4 years of hell & I’m 65 yrs.
Hi, We are buying a new build and we have exchanged and our completion will be in a few weeks. The whole thing has been a nightmare. I was wondering if you would be able to give me some advice regarding the kitchen. We were allowed in to measure for curtains etc and we noticed that the oven isnt in the same place as in the showhome. In the show home its in a tower unit and we paid for extra to have a double oven, thinking that it would be 2 ovens. When we went into our house, the oven is under the gas ring hob and its an oven with grill. Developer is saying its a double oven, we said we wanted what was in show home and we would pay extra, they have refused to do anything about it, they have told us we need to sort it out once we move in. Nobody told us that it was going to be different and its not stated in the kitchen specification. We paid extra for dishwashe, washing machine, fridge/freezer and these are in the same place as in the showhome. Do we have any legal rights to this situation.
Just wondered if you would be able to give us any advice. Thank you
Hi,
We have recently bought an expensive newbuild ( completed end July) flat. our flat is on the first floor, and there is a parking driveway below our balcony. On the mockup model the driveway was pretty narrow and short and it was covered with a roof and plants on top of it, so it didn’t seem that it presented a problem – we were supposed to have a view of the landscaped gardens and the driveway roof covered by plants was not supposed to be much visible. We paid a reservation fee in November 2013, but in December when the construction work started on the parking driveway we got concerned that the driveway appeared in proportion much bigger than on the model in the marketing suite. We requested detailed drawings from the developer stating that this parking entrance was a major concern for us and we would not proceed if the bigger parking entrance would have a detrimental impact on the view/noise level from the flat. The supplied drawings showed a bigger driveway, but it was still supposed to be covered with a roof and landscaped/covered with flowers, so we were satisfied that this would not cause major issues and proceeded with the purchase. The construction works on the driveway were finished in early October, and to our shock, only half of the parking driveway is covered with a roof (no landscaping yet), so it looks as though there is motorway underneath our flat. This is disastrous not only for us if we want to occupy the flat, but also devalues the price of the flat massively. Marketing agents admitted that the developer has changed the plan without notifying them. Not only it is morally wrong, but goes against consumer code for homebuilders. If anyone can give advise, would really appreciate. What is our best course of action? We have written to the builder asking to rectify as to the plan, but do not have much hope. We waited for the flat since November, and property prices in the area we bought went up by 20%, so even if developer agrees to take the flat back and return the money, it would not solve the problem as prices for other properties are already much higher. We started thinking about selling it, but we will make a loss as with the current view the price has fallen, and also we will loose stamp duty and would have stamp duty on another property -this was our first flat, we are currently renting. We are afraid to move in as well as once the flat becomes occupied it would loose a newbuild premium, so if we are to sell and look for another property we will recover even less. Please help with advice
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Some good advice here. We’ve had to spend 5 years getting our house complete to a reasonable level of finish. We’ve had leaks, ceilings ripped out, floor tiles pulled up. It’s been a nightmare. I’m documenting the story, plus trying to offer some advice, at: https://barratthellhome.wordpress.com/
Bought our new build property from Persimmon Homes in December 2014.
What a mistake that was, we have had nothing but trouble from them & no communication what so ever.
I’ve had vermin in the loft due to incomplete roof, all drainage blocked up all over the Christmas period.
My daughter has been injured by contractors leaving wire in the turf they laid, this is but a fraction of our problems & after 7 months the poor workmanship is showing through.
My advice is not to buy with this company, I have now resulting to erecting a sign in my front window advising potential buyers to be wary.
Recently I bought a new build(27th August 2015) and the single brick garage wall lets in water. They keep telling me (Bovis ) that this ifs ok .
I don’t think so, but they are trying to get out.
Hasn’t add my move great and wish I never bought a house from
Hope you can help or advi….
We completed our purchase on a new build property today as we were threatened that if we didn’t complete today we would lose incentives given at reservation stage. However after the developer had received all of our funds, we have no mortgage, we find the property unfinished and not fit to move into. We also discovered the site is now closed for 2 weeks!! I feel completely bullied and cheated by the developer. We are pensioners and need to know what redress we have against the developer.
Hi
I bought a new build and it was the worst mistake of my life.
Never trust the builders charm as he will not be very charming when you move in.
Do your home work on the builder!
Never move in until you are absolutely happy with the finish as they never want to come back.They will lie and lie and accuse you of damage.
I have 38 defects and I have been accused of accepting his poor workman ship or I caused them.
It can take over your life and ruin your family and they will not give a damn.
NHBC Useless! It’s taken 9 months and still nothing done.
Do you home work on the builders and their work and credibility!!!!!!
Barratt Home development Peterborough has been so unfair and unjust to me. The Regional sales manager and site Manager have been discriminatory against me. I need to speak with Independent body to look into this case. I have not felt or been treated this way in life after i have risked my life fighting for country.
I bought a new build ground floor flat, in the specification it was described as a luxury flat with the latest sound proofing and off street parking with electric gates.
I can hear my neighbour upstairs on the telephone, there are no electric gates and it is anything but luxury. We were told it came with a policy like the NHBC but it is actually an insurance with a £100 excess for each individual thing you claim for.
The snagging list has never been finished, the front door has a inch and half gap under what is supposed to be a fire door. All the laminate flooring has lifted in places due to it not being fitted properly. The snag list is endless. I have sent the builders over the past two years at least one hundred emails. I have emailed the management company at least 50 emails as my back gate was never fitted with door furniture so it now doesn’t close. I have dogs which not being able to close the gate makes for a difficult life. I cannot claim on the insurance as I am on disability, it also does not cover the flooring or the back gate. What was supposed to be a move that made my life easier has caused me so much stress which isn’t good for my health. The list is endless ! I can’t move because I can no longer get a mortgage plus no one in their right mind would buy it anyway.
I thought there was a rule that said 10% of the sale price had to be held back by the building society to ensure the builder did the work.
Please investigate and warn potential buyers in the West about the health and safety of living in Charles Church/Persimmon houses.
The reason I am posting is due to the number of electrical safety issues and breaches of the laws in place to ensure people are safe that have been found at my Charles Church home in Portishead. Despite these my house was signed of as fit to live in by NHBC Building Control.
I have a new build timber framed house.
Safety issues are numerous. A British Gas engineer found our boiler was wired in incorrectly; he said he had seen several houses on the estate with the same faulty wiring. Our electrician opened a light switch and found it was sparking inside due to bare wires (in a timber house!). We found out last week, from our electrician that the light fittings in our bathroom and in our en suite are not IP rated so in breach of Building Regulations. My boiler, as well as being wired incorrectly, was not notified to Gas Safe Register in breach of Building Regs.
Potentially hundreds of homes could be affected if this ‘rogue’ electrician worked across our very large estate.
I know of others on the estate with identical issues yet despite my urging them for safety’s sake to at least contact people Charles Church refuse to do anything to check people are safe.
A kettle found to be wired faultily would result in a product recall. With a new build you take your life in your hands. Electrocution? Fire in a timber framed house? A gas explosion?
I have photos of the faulty wiring and illegal fittings, letters to and from. Charles Church in which they refuse to act despite my raising the safety issues. I have Facebook posts from others on the estate similarly affected, the report from British Gas engineer about my boiler and anecdotal evidence from neighbours of boilers with flues incorrectly installed and exploding.
Charles Church do nothing.
I bought a new build flat 2 years ago and have had constant issues with drains with it finally being diagnosed that the drains are bellied up and need relaying. Im having to vacate the property for minimum 6 months so they can know my spare room, ensuite and hall thru, dig up the foundations and relay the drains. The issues started a day after i moved in with sewage coming out of my bath plug then shower plug. Thework is covered under the nhbc equivalent which is great but does anyone have any ideas what my rights are for compensation??
I certainly dont expect to have to move out of my new build and have it half demolished within 2 years of it completing.
Good information but lacking in many important areas.
1. NHBC warranty does not cover ALL of the property purchased- only the house itself. It does not cover driveways, landscaping etc
2. The estate you are on will be the responsibility of the developer who may well also be your builder but could be some other company. In fact it’s most likely another company you have never heard of and never told about.
There is no legal responsibility or time limits to finish roadways, paths, lightning, landscaping etc.
No matter what the sales team tell you there is no compulsion to get roads adopted and until they are finished to the acceptable standard they cannot be adopted.
You see, It’s not just the house it’s the surroundings, we have lived with incomplete roads, paths, landscaping for several years after the houses are finished simply because there is no legal requirement in the development contract to complete them.
Buyer beware and aware.
any advice on how to get TW to Finnish the landscaping of the public licence areas. ive lived in a TW house for 4 years and it’s still not compleate. recently they have submitted a “Post material amendment” to the council that is basically a plan that matches what they have built
http://www.wainhomessnagging.co.uk
Please post if you have had problems with this builder.
I recently purchased a new build property 3 weeks ago when first inspecting I noticed a strong smell of gas from the wardrobe where the boiler is situated in the main room. I was reassured by sales office if there’s a gas leak the carbon monoxide alarm would go off. Two days ago we realised when comparing properties with a neighbour we had no carbon monoxide alarm and smell still very strong so gas turned off as there is a leak and it’s unsafe to use my life and safety of me and my partner has been put at risk where do we start and what are we covered for???