The New Homes Quality Board (NHQB) highlights the importance of ensuring that developers construct any fences in line with the plans for the property to prevent disputes arising regarding the boundary. This NHQB case study illustrates the need for developers to ensure all homes are delivered exactly as advertised – both in layout and legal boundary – to avoid homeowner dissatisfaction and the significant disruption caused by remedial work.
In this case, the proposed reduction of the homeowner’s garden without consultation led them to raise a complaint with the New Homes Ombudsman. The complaint identified failings in adhering to the legal boundary, upheld the complaint, and directed the developer to reinstate all features in the reduced garden area so that the homeowner is not left to redo any work.
What was the complaint?
The homeowner purchased the property on the understanding that the garden was a particular size. However, after completion, the developer informed them that the rear fence had been incorrectly positioned beyond the legal boundary, meaning the garden had to be reduced in size. The garden had mistakenly included part of the public open space, which could not be sold to homebuyers.
The homeowner submitted a formal complaint disputing any reduction to their garden and challenging the developer’s proposed changes. In response, the developer provided measurements for repositioning the fence, along with updated drawings showing the revised garden size to reflect the legal title and the approved development plans. The developer also offered £500 in compensation and agreed to returf and replant the garden once the fence had been moved.
Was the homeowner’s complaint upheld?
The complaint was upheld.
The Ombudsman found that the developer had failed to construct the garden in accordance with the legal boundary, which disrupted the homeowner’s plans and caused avoidable inconvenience and distress. Although the homeowner was dissatisfied with the subsequent reduction in garden size, the Ombudsman could not require the developer to purchase the disputed land, as doing so would fall outside the scope of their jurisdiction.
The developer accepted responsibility for the mistake and initially offered compensation. However, the Ombudsman took into account both the delay in identifying the boundary error and the resulting impact on the homeowner. In light of these factors, the Ombudsman concluded that an increased award of £750 was appropriate and recommended that the developer provide a written apology.
Additionally, the Ombudsman determined that the developer must reinstate all garden features within the reduced area, ensuring the homeowner does not need to undertake any further work themselves. This outcome was considered a fair and proportionate resolution in line with the Code.
Practical tips
To minimise disputes between developers and homeowners regarding a decrease in garden size after construction is finished:
- Developers must ensure that boundaries are delivered exactly as advertised and in accordance with the marketing materials and title documents prior to completion.
- When an error is identified, developers should work collaboratively with homeowners to agree a fair remedy and prevent potential disputes. This includes reinstating any improvements the homeowner has already made.
- Clear communication and appropriate compensation should be provided to address the disruption caused.
Reach out to an expert listed below for advice on the New Homes Quality Code and/ or policies and procedures.
This article was co-authored by Jordan Dexter.
