A COUPLE have spoken of their frustration after a 12-metre metal structure was built right outside their new home.
Ewan Botcherby and his partner purchased a four-bedroom detached house on the Westburn newbuild estate in Callerton, Newcastle upon Tyne, for £359,995 in October last year.
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They bought the property, which looks onto Westerhope Golf Club, from housing developer Bellway and moved in in January.
But they were left shocked when a 12-metre metal structure, used to support netting and protect residents from golf balls, was built in front of their front door.
They complained to the New Homes Ombudsman Service (NHOS) which launched an investigation.
The organisation found that Bellway should have given fuller information about the netting and its location relative to their property.
The Ombudsman decided the couple had suffered distress and ordered Bellway to pay them £700 in compensation.
IT manager Ewan says he has been told by an estate agent that the golf netting “may have unintended consequences on the marketability and value of the house”.
He does not feel like £700 is anywhere near enough to cover this.
Ewan, 25, said: “We live on the edge of a golf course and no one instructed us, or my solicitor, that there was going to be a 12-metre metal structure built in front of my front door to hold golf netting up.
“The structure in front of our door is 12 metres and it doesn’t look good. How is £700 going to fix the issue?
“It’s nowhere near what we thought it would be. I won’t accept the offer from the Ombudsman.
“I’m really frustrated about what has happened. It’s like Bellway is getting away with it.”
Ewan and his partner, who have a two-year-old child, purchased the Westburn property for the view of the landscape which is no longer visible.
They told the Ombudsman that Bellway had not acted transparently and had not provided them with all of them information relevant to their purchase.
The couple said they saw a plan showing the location of the netting and supports but they did not receive a copy despite requesting one.
How is £700 going to fix the issue?
Ewan Botcherby
They said their solicitor did not receive one either.
They said they had expected that the netting would be held up by slim poles and that it would be wound up and down as needed and were surprised when this was not the case.
He contacted Your Move estate agents for a valuation of the property and was told that the “imposing netting and stanchions may detract from the overall appearance, making the property less inviting”.
Bellway told the Ombudsman that they did not consider that they had breached the New Homes Quality Code and disputed that the house was mis-sold.
Your rights with new-build homes
IF you have an issue with your new-build, there are a number of ways you can complain.
Residential property new-builds are usually covered by the Consumer Code for Home Builders and the Independent Dispute Resolution Scheme.
These set out a code of conduct that house builders should adhere to.
It’s worth checking before buying a new-build home whether the builder is registered with a warranty scheme that follows the code.
Eligible warranty schemes include the National House Building Council, Premier Guarantee or LABC Warranty.
The Consumer Code for Home Builders covers you before purchase, during purchase and after purchase if you purchase a new-build home.
After purchase, the home builder must make it so you can contact them with any issues you are having with the property.
However, if you are the second, or later owner of a home, you only receive backing by the code on after-sale matters.
The Code and the Independent Dispute Resolution Scheme do not apply to:
- Homes that at the time of reservation by the first buyer are covered by the New Homes Quality Code
- Second-hand properties (for example, properties taken by Home Builders in part exchange and re-sold)
- Properties acquired by registered social landlords for rent
- Properties acquired by corporate bodies, partnerships and individuals buying more than one property on the same development for investment purposes
- Properties built by self-builders for their own occupation
- Properties assigned or sub-sold by an investor to a third person before Legal Completion;
- Personal injury claims
- Loss of property value or blight
- Claims about the land conveyed and its registered title
- Claims that exceed the Independent Dispute Resolution Scheme’s limits
If you contact your home builder if they have breached the Consumer Code for Home Builders and they refuse to help, you should contact your home warranty body.
It can either deal with your complaint under the warranty terms, or it may provide you with an application form so you can make a claim via the Independent Dispute Resolution Scheme.
You can also complain to the New Homes Ombudsman Service if you have issues with your property like snagging or if you face delays getting issues resolved.
Last month the Ombudsman upheld the complaint and concluded that Bellway had failed to comply with the requirements of the code.
The Ombudsman said: “I am satisfied that the developer should have given fuller information to the customer about the netting and its location relative to their property and that the customers has suffered distress as a result.
“Given that the fencing is located to the front elevation and is highly visible from the property, I consider that the sum of £700 should be paid by the developer to the customer.”
Ewan said: “They said Bellway wasn’t transparent with us. They’ve just been an absolute nightmare.
“We have had six site managers in seven months. If the structure doesn’t get taken out we will look to move.”
A spokesperson for Bellway said: “The New Home Ombudsman Service (NHOS) considers complaints by customers to ensure housebuilders, such as Bellway, adhere to the New Homes Quality Code.
“As a responsible housebuilder, Bellway was one of the first major developers to register with the voluntary Ombudsman scheme in October 2022, to ensure our customers are treated in line with the rules of the regulatory code.
“In this case, the NHOS has ruled in favour of the customer and Bellway is bound by this decision, including making payment of the financial award set by the Ombudsman.
“In this particular case, the property is adjacent to the golf club and the complaint relates to the siting of netting and the associated support structures required to protect properties and residents from golf balls.
“Bellway informed the customer of the position and dimensions of the netting in question and referenced the 12m support structures during the initial reservation meeting.
“This has not been denied by the customer. The Ombudsman adjudicated that Bellway should have provided more detailed information to the customer, which we did not do.”
The New Homes Ombudsman Service has been contacted for comment.
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