Tag Archives: Consumer Code for Home Builders

Builders shares crash as Britain votes to leave the EU

It would appear that the house builders’ share price rise since the financial crash of 2008, has been built on the same dodgy foundations as some of their houses are. A business model built on selling sub-standard houses to sub-prime borrowers.

This was illustrated during the first two days of trading following the UK’s historic vote leave the EU. Worst hit in the initial market panic were Banks and shares in the listed house builders. Despite this, some ever-greedy directors used the Friday crash to buy more shares on the cheap, known as “catching a falling knife” and promptly lost another 15%! Taylor Wimpey Non-Exec director Dame Kate Barker, 59, who produced the Barker Review on housing supply in 2004 – which resulted in the industry setting up the HBF Customer Satisfaction Survey two years later, but has failed to have any impact on improving either supply or quality – bought 20,000 Taylor Wimpey shares for £26,953 but the shares closed down 15% leaving her with a paper loss of £3,800.

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Reasons why new homebuyers should never use the house builder’s choice of solicitor

It can be tempting to use the solicitor that the house builder’s helpful, friendly sales advisor suggests. Buyers could be moving to a new area or they may never have needed a solicitor before. Whilst it is not generally a good idea to choose a conveyancing solicitor on the basis of cost, it is essential that all new homebuyers choose solicitors that are completely independent of the house builder, one that will act solely in the buyer’s best interests.

How to avoid using the builder’s pet solicitor

It is a good idea for new homebuyers to ask for the house builders’ list of “preferred” solicitors. They can then be certain not to choose one of those firms and know that the solicitor they do use definitely does not have any conflict of interests. I frequently come across new homebuyers who have problems that occur or are made worse, not least because they have been coerced or financially incentivised into using the house builder’s choice, suggested, preferred or “nominated” solicitor. 

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No Regulator or Ombudsman for complaints about house builders

It is not just house building that has dissatisfied customers. However,  most other industries have an Ombudsman and official Regulator.

If you bought a new home in the last ten years, the following statements will have a familiar ring to them. After all, the house building industry has a dreadful reputation for both quality and customer service, yet makes every effort to smokescreen and spin the opposite.

  • “Stop solving problems…just make the customer happy”
  • “staff are under pressure to bat away complaints and instead focus on appeasing callers to boost satisfaction ratings”
  • “persuading customers to believe all is fine is more important than getting to the bottom of their problems”
  • “All [the company] care about right now is the net promoter score. Staff are rated on this survey it sends out after a call or web chat. Well actually, on the first question only, “How would you rate [the company] to a friend?”
  • “one of the advisors I spoke to made promises they didn’t deliver. I wonder if this is the way they are trained – to reassure the customer but actually not to do anything.”
  • “other support departments are unhelpful and more interested in their own KPI, pretending they care about customers, but the reality is they are treating them appallingly”

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The Consumer Code For Home Builders Is Failing New Homebuyers

PrintClose examination of the 2015 published case studies for Consumer Code for Home Builders Adjudication Scheme (CCHBAS) shows exactly what is wrong with the house building industry. It is now time for a New Homes Ombudsman to independently deal with homebuyers complaints and award justifiable and fair levels of compensation. At present, the maximum new homebuyers can claim using the CCHBAS is £15,000. The maximum compensation for “inconvenience” is just £250 – this being all that was awarded to a quarter (27%) of the successful claimants in 2015.

A total of 47 complaints made by new homebuyers were adjudicated in 2015. Of these, 41 were successful or successful ‘in part’ due to a total of 110 violations over 17 different Code requirements. Only one Code requirement (3.4) was not mentioned in any of the case studies.

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HBF mislead the public with misinformation, spin and ignorance on BBC Radio 4 “You and Yours”

“There are lies damned lies and statistics”…Mark Twain

HBF logo 1A spokesman for the Home Builders Federation (HBF) made some exaggerated, misleading and  untrue statements regarding homebuyers’ satisfaction and protection when interviewed for the BBC Radio 4 “You and Yours” programme on new-build homes aired on 2 March 2016. These merit detailed clarification and rebuttle.

The BBC reporter said that “the house building industry says that only around 1% of complaints are around serious issues, structural faults for example and that generally standards are very high.”  Even if true, it would still indicate that out of the 143,560 new homes built in 2015, “around” 1,435 will have structural faults that cannot be “guaranteed” not to crack, creak, crumble or fall down, requiring major remedial works. Often this means the new homeowner has to move into temporary accommodation as is the case with Evelyn Lallo who has been in ‘temporary’ accommodation since June last year whilst Taylor Wimpey carry out extensive remedial structural work.

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Interview For BBC Radio 4 “You and Yours” On New-Build Homes

BBC Radio 4Broadcast on Wednesday 2 March 12.15pm

Can we start by you telling our listeners a little about yourself?

I worked in construction management for 35 years. Having retired; I now provide help, advice and information for UK new homebuyers through my website brand-newhomes.co.uk. I have been campaigning for better quality new homes for over 10 years and I am currently lobbying Parliament for the introduction of a New Homes Ombudsman.

I’m really interested in the point you make about the rush for house builders to complete before the year-end. Are there certain times of year to avoid completing on a new build?

Yes. Avoid buying any new home that is due to be completed in May or June and November or December. This is the time when most of the plc house builders have their financial year-end or half-year either being best avoided at all costs, especially if the home is not plastered at least five weeks before the anticipated Legal Completion date.

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Why a New Homes Ombudsman is now essential

The idea for a New Homes Ombudsman is not new. I have been campaigning for nearly two years, see this blog, my website forum, the “Unhappy New Home Buyers” Facebook Group and lobbying on Twitter. More recently I attended the APPG Inquiry into the “Quality of New Build Housing in England” and proposed the introduction of a fully independent New Homes Ombudsman as one of a series of measures that would force house builders to improve both quality of the homes they build and the service they give their customers after they discover the inevitable defects and problems.

My proposal for a New Homes Ombudsman was met with widespread acceptance at the APPG Inquiry (2nd meeting) and during the question and answer session;  Lord Richard Best said “I chair the property ombudsman which looks after estate agents and things like that and it works well, so at some stage I’d like to explore the Ombudsman concept as a way of trying to handle some of these disputes…..”

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Why new home buyers need a New Homes Ombudsman.

TW Snag Light SwitchThe quality of new homes is getting worse as housebuilders show contempt for their customers by refusing to tackle the issues in their poor quality, defect-ridden new homes.

This government has bent over backwards to help the house building industry, with taxpayer-funded subsidies such as the controversial Help to Buy equity scheme (£791million loaned for 19,394 new homes to 31 March 2014) and the ongoing relaxation of planning rules. So why are Britain’s housebuilders not doing anything to improve the dire quality of the new homes they are building?

The quality of new homes is getting worse as this recent article in the Daily Mail demonstrates; caused by a combination of a lack of skilled tradesmen, insufficient construction time, poor site management and the builder’s CEOs  only caring about profit and numbers (and their bonuses!) – quality doesn’t come first (if it ever did), in fact it doesn’t even come fourth!  To add insult to injury, housebuilders are even routinely refusing to take any action to fix defects that unlucky buyers discover in their new homes once the initial excitement wears off, coming up with “it’s within tolerance” and other excuses in an attempt to justify not fixing defects in their new homes.

Taylor Wimpey 9 months small size

Extensive remedial works still being done in a Taylor Wimpey new home nine months after moving in.

The sad fact is that the quality of new homes and many housebuilder’s reputations are now so bad, an increasing number of new home buyers are employing professional snagging inspectors to independently check for defects in their new homes before they move in. But yet again, housebuilders often refuse point blank to allow access to the new home for buyer’s inspectors until after legal completion, as a matter of “company policy”. This means that any issues identified cannot be fixed prior to occupation and even if the builder does attend to them later, (a big if!) it causes maximum inconvenience for the consumer taking time off work, moving furniture, mess etc.

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Is the Consumer Code for Home Builders fit for purpose?

After close examination of the recent Adjudication Scheme case histories, we ask……..Is the Consumer Code for Home Builders worth the paper it is written on?    The clue is in the name “For Home Builders” not for homebuyers.  At best, house builders tend to view the Code as voluntary or optional despite many of the Code requirements actually being required by consumer legislation.   At worst, as is shown by the published case summaries, house builders knowingly continue to disregard the Code requirements in the full and certain knowledge that the worst that could happen would be slap on the wrists and a small award against them.  Now in it’s fifth year, the Code is frequently referred to by the industry being used as an opportunity to promote new homes.

Consumer Code coverThe Consumer Code for Home Builders was launched in April 2010 apparently as a response to the Barker Review in 2004 and Office of Fair Trading – Market Study of Home Building in the UK published in October 2008. The Consumer Code is allegedly the house building industry’s response to the issues raised in those reports relating to customer service and satisfaction. It was created by a “group of stakeholders within the industry” who “joined forces to consider the issues raised” to “produce a Code of Conduct for home builders.” It was first launched in April 2010 – over FIVE YEARS after the deadline in Barker’s report!

CodeThe Code claims to:  “provide protection and rights to purchasers of new homes, ensuring that all new home buyers are treated fairly and are fully informed.”  But the protection already exists with The Consumer Protection from Unfair Trading Regulations 2008, making it a legal requirement to treat consumers fairly and The Business Protection from Misleading Marketing Regulations 2008 reinforces the legal requirement not to make misleading or false statements. The Consumer Code for Home Builders if strictly followed, should result in compliance with the legislation, probably the main reason it was created by the house building industry.

The Code applies to all house builders registered with the new home warranty providers such as the NHBC, LABC Warranty and Premier Guarantee.  It consists of 19 requirements and principles that house builders must adhere to in marketing, selling homes and their after-sales customer service.  Failure by a house builder to adhere to the code requirements can result in exclusion from all registers run by the warranty bodies that participate in the scheme. Has this ever happened?  Very unlikely!

But is the Consumer Code effective?  –  Do house builders strictly follow it?  –  Are punitive penalties being imposed on builders who are found to have deliberately breached the Code?   Going by the latest published Adjudication Case Summaries for 2013 it would appear not.

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