NHBC HOME WARRANTY BODY
If you are not satisfied with the Builder’s final written response you should contact the Home Warranty Body that issued the Home Warranty on your Home.
As from 1 April 2010 all home builders registered with a home warranty provider are required to adopt the Consumer Code for Home Builders (a copy of this is available from www.consumercodeforhomebuilders.com) . The aim of this code is to ensure all home buyers are treated fairly, know what level of service to expect and are given reliable information from the house builder. In addition to this an Independent Dispute Resolution Scheme was introduced for any home buyers who are dissatisfied with the service they have received from the house builder.
Who can use the Independent Dispute Resolution Scheme (IDRS)?
The IDRS is only for complaints regarding the service received and made in writing to A & J Stephen within 2 years from the start date of the Home Warranty Cover.
It does not apply to:
- Issues relating to defects found in the home (the NHBC Resolution service should be used in this instance)
- Personal injury claims
- Loss of property value or blight
- Claims relating to the land conveyed and its registered title
- Claims where the amount of redress claimed exceeds the limits of the DRS
INDEPENDENT DISPUTE RESOLUTION SCHEME
- In the first instance the complaint must be placed in writing to the Director’s PA at A & J Stephen to allow us the opportunity to investigate and respond to the complaint within 5 working days.
- If you are dissatisfied with the response from A & J Stephen you should then contact the NHBC Claims department on 0844 633 100 and they will refer you on to the IDRS and a claim form will be sent out to you.
- The claim form should be completed and returned along with a case registration fee of £100 plus VAT, statement of evidence and any other information relevant to the claim ie receipts.
- The IDRS will ask A & J Stephen to respond to the statement of evidence and either resolve the complaint with an early settlement or proceed with a formal adjudication.
- If early settlement does not happen, A & J Stephen is required to submit a response to the statement with a payment of £500 plus VAT. At this stage you will be able to request a copy of the response if you do so wish.
- The adjudicator will consider both submissions and decide whether you have a legitimate dispute and suffered a financial loss as a result of our failure to comply with the Consumer Code.
- The adjudicator’s decision will be based on the information submitted and the decision will be sent to both parties. The decision may be to issue a performance award, (where A & J Stephen would have to do something), or a financial award (which A & J Stephen would have to pay) or a combination of the two. It may be that the adjudicator may reject the claim. The maximum value of the combined award available under the adjudication scheme is £50,000 including VAT.
- There may be a discretionary award for inconvenience, up to a maximum of £2000 however you are not allowed to claim for inconvenience alone.
- The Adjudicator’s decision cannot be appealed; it can only be accepted or rejected by you.
NOTE:
The Consumer Code Dispute Resolution Scheme is independent of the NHBC. Adjudication decisions made under the Consumer Code IDRS are not insured under the NHBC Home Warranty Scheme
