Helping UK new home buyers
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The most important consideration at this stage is do not give up!
You are reading this because a house builder has failed in some respect to adhere to reasonable consumer requirements and standards and may have even broken Consumer Protection Regulations. As a result you may have suffered materially, financially or emotionally.
Before submitting your claim, it would be beneficial to obtain copies of all the information your house builder has in their 'Plot File' that relates to both you and your home. You have a legal right to this information under the Data Protection Act 1998. In order to receive all this information you need to make a formal Subject Access Request to the house builder. It is quite easy using the template letter here.
You need to be aware there are several ways that you can slip up and you must make sure you follow all the "rules" as outlined. Any mistake may result in your case being ruled against because you may have failed in one way or another during the Dispute Resolution process.
Before submitting a claim, it is useful to read the 25 historic case summaries and the latest 47 case summaries - January 2013 to December 2014, as these will show you why some buyers did not win their case against the home builder and why part of their claim was rejected.
You will be required to sign the Application Form to confirm that you understand the Consumer Code for Home Builders' Adjudication Scheme (CCHBAS) and that you have tried to settle the using the house builder's own complaints procedure.
You cannot use the CCHBAS Scheme if you have previously referred this dispute to the Courts or another redress scheme.
Home buyer's checklist before submitting the Application Form:
Up to the maximum of £15,000 what you claim should be to cover the cost of addressing the matters you are complaining about and your reasonably incurred expenses. You will need to provide evidence [see (10)] to support and justify all the amounts claimed. Once you have made a claim you cannot change any amounts at a later date. You can claim compensation, but you must be able to provide evidence of any amounts claimed. Both parties must pay the costs of preparing their own cases and cannot take legal action to recover these costs.
If you are successful the adjudicator can award any amount up to the total figure you claim. Experience of cases to date would indicate that you are better off listing each amount separately and then totalling.
You will have six weeks to accept the adjudicator's decision. If you do not accept it, the decision will not be binding on either party. You cannot accept the decision after the six-week deadline. Decisions are not open to review, discussion or appeal. If you do not accept the decision you can then instigate legal proceedings against the house builder. The Consumer Code states "If a Home Buyer refuses to accept the award, any subsequent legal action is likely to take account of the adjudication decision". Yet disclosure of the decision and findings would surely breach the confidentiality requirement!
Details of the Adjudication Scheme proceedings must be kept confidential by all parties and cannot be disclosed to anyone not directly involved in them. The only exceptions are professional and legal advisors for the purposes of enforcing the decision or as required by law. However this would also infer that the house builder should not make reference to your claim or the Adjudicator’s decision, if you choose to reject it and go to court.
|Do's and Don'ts when buying a new home|
|Types of new homes available|
|Buying an apartment|
|Advantages of buying a new home|
|Disadvantages of buying a new home|
|New home buying procedure|
|Questions to ask the builder|
|Regulations to protect buyers|
|Consumer Code For Home Builders|
|Never use housebuilder solicitors|
|Property title deeds|
|What to look for when buying a new home|
|Timber frame construction|
|When to buy a new home|
|Builder's optional extras|
|Buying in a recession|
|New home warranty|
|Buying an apartment|
|Considerations when buying a flat|
|New homes can be bad for your health|
|Why buyers avoid new homes|
|Consumer Code Dispute Resolution|
|Claiming Compensation - Adjudication Scheme|
|Tricks of the showhome|
|Sales advisors and sales centres|
|Timber frame new homes|
|Timber frame - what you need to know|
|Quality issues with timber frame homes|
|Fire and timber frame new homes|
|What the NHBC does|
|The cost of moving to a new home|
|Tips to sell your existing home|
|Health and safety|
|The site manager|
|Advice on renting a home|
|Air Source Heat Pumps|
|New stamp duty calculator|
|Scotland LBTT calculator|
|Removals and moving home|
|Packing and planning the move|
|Checklist for change of address|
|Choosing a mortgage|
|Avoiding mortgage refusal|
|Help to Buy|
|How to save on home insurance|
|Home insurance policy conditions|
|Flood insurance claim|
|Renting do's and don'ts|
|Section 106 Agreements|
|Community Infrastructure Levy 2010|
|After you move in|
|DIY and home improvement|
|Choosing a tradesman|
|When you find problems|
|How to complain|
|Making a Subject Access Request|
|Taking a builder to court|
|Regional Managing Director 1|
|Regional Managing Director 2|
|Executive Chairman 1|
|Executive Chairman final letter|
|NHBC warranty claim|
|Subject Access Request|