There are several avenues for complaints if your new-build home is defective
Until the new code and ombudsman service comes into force – probably later this year – these are the options for homeowners who are unhappy with the quality of their new build.
1. Use your warranty
If your new-build is less than 10 years old, it is almost certainly covered by a warranty – even if you are not the first owner. This is likely to be the Buildmark policy provided by the National House Builders Council, but others include BLP, LABC, Premier Guarantee and Checkmate.
Warranties usually cover most defects for the first two years, so your house builder should be your first port of call during this time. The warranty usually switches to only covering major problems such as structural issues or leaks from year three until year 11. After that, you have to rely on your own insurance policy. Be wary of trying to fix problems yourself while you are still under warranty, as this could invalidate it.
2. Get a snagging survey
Before the first two years is up, you may want to undertake a thorough check of your home and make sure any outstanding issues are sorted. One way to do this is by paying for a ‘snagging survey’, where a professional surveyor will inspect your home and point out problems you might not have spotted. Presenting this report to your house builder may encourage them to take action.
A snagging survey could reveal construction issues that you missed
3. Escalate to your warranty company
If you don’t feel that your house builder has addressed a problem satisfactorily, you can approach the company that your warranty is with. Make sure you keep a record of previous communication you have had with your house builder, as your warranty provider may need to see this.
4. Make an official complaint
If your issue is still not resolved, you have several options. Firstly, you could make a complaint to your warranty provider using their official complaints procedure. You also have the option of making a complaint to the Financial Ombudsman Service, which is free of charge, but may affect your ability to make a court claim later on.
5. Try the Consumer Code for Housebuilders
If your home is covered by a NHBC, Premier Guarantee or LABC warranty, you could also contact the Consumer Code for Homebuilders. This body has a dispute resolution service for home buyers which can make awards of up to £15,000. The scheme applies to complaints made up to two years from the date on the warranty insurance certificate.
6. Take the issue to mediation – or even court
As a last resort, your options would be to go through an alternative dispute resolution or mediation procedure, or to issue a claim in court.