Dispute Resolution Scheme

1

A Home Buyer must first complain to their Home Builder and give the Home Builder the opportunity to investigate and put things right.

2

If the Home Buyer is not satisfied with the Home Builder’s response, the Home Buyer should contact the Home Warranty Body that issued the warranty on their Home.

3

3.1

deal with the complaint under the terms of their Home Warranty policy; or

3.2

where the complaint falls outside the Home Warranty Body’s own disputes resolution scheme, offer the Home Owner the opportunity to refer their complaint to the independent Disputes Resolution Scheme provider. The Home Buyer must bring the claim within three months of the date of the Home Builders’ final response to the original complaint, or within three months after the date of the original complaint, whichever is the later.

4

 4.1

If the Home Buyer wishes to use this scheme, they must complete an application form and send it to the independent Disputes Resolution Scheme provider with their statement of evidence and a case registration fee of £100 plus VAT. Their statement of evidence must contain all the information relevant to the complaint and copies of receipts or other evidence of expenditure.

4.2

The independent Disputes Resolution Scheme provider will ask the Home Builder to respond to the Home Buyer’s statement of evidence. The Home Builder may at this stage resolve the complaint without a formal adjudication going ahead – this is called ‘early settlement’ and will cost the Home Builder a reduced case fee of £100 plus VAT.

4.3

If ‘early settlement’ does not happen, the Home Builder must submit their response to the Home Buyer’s statement of evidence together with a payment of £300 plus VAT. The Home Buyer will be given a copy of the Home Builder’s response for their information, and for them to respond to if they wish. At this stage, no further new complaints relating to this adjudication from the Home Buyer will be allowed.

4.4

The adjudicator will consider both submissions and decide whether or not the Home Buyer has a legitimate dispute and has suffered financial loss as a result of the Home Builder’s failure to comply with the Consumer Code. In any case, the Home Builder and the Home Buyer will be expected to have acted reasonably and to have controlled their costs.

 4.5

The adjudicator will make a decision based on the information submitted and send it to both parties. The decision may be to reject the claim, or to issue a performance award (where the Home Builder has to do something) or a financial award (where the Home Builder has to pay money to the Home Buyer) or a combination of the two. The maximum value of the combined award available under this adjudication scheme is £15,000 inclusive of VAT.

 4.6

If the adjudicator makes an award, they may also make a discretionary award for inconvenience, up to a maximum of £250. The £15,000 maximum award would include any award for inconvenience. A Home Buyer cannot claim an award for inconvenience alone.

 4.7

The adjudicator will use his discretion when considering whether to award compensation for any inconvenience a Home Buyer may have suffered as a result of how their complaint was handled by the Home Builder.

 4.8

The adjudicator will also decide whether or not the Home Builder must reimburse the Home Buyer their case registration fee. This will be in addition to the award referred to in 4.5 above.

 4.9

The adjudicator’s decision cannot be appealed; it can only be accepted or rejected by the Home Buyer.