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Writer's pictureLaw Clinic

Snag-Free Bliss: Conquering Hiccups in Your New Dream Home

Updated: Oct 2

Moving into your dream home should be a time of pure excitement. However, the discovery of minor imperfections, often called snags, can dampen the mood. With new build properties, these snags are fairly common, but generally nothing too major.


young couple with a real estate agent entering a home door

Here's a guide to help you navigate resolving snagging issues in your new home:


1. Be Prepared: Conduct a Snag Inspection

Don't wait until you're settled to identify snags. Before completion, conduct a thorough inspection with a critical eye, ideally with the help of a qualified surveyor. Snag lists are crucial – document everything, from uneven floorboards to faulty light fixtures.


2. Open Communication is Key

Once you have your snag list, promptly communicate it to the developer in writing. Be clear, concise, and include detailed descriptions of each issue. Most reputable builders have dedicated after-sales teams to address these snags.


3. Reasonable Timeframes

When reporting snags, establish a reasonable timeframe for repairs. This timeframe should be documented in your communication with the developer.


4. Keep Records: Everything in Writing!

Maintain a paper trail of all communication with the developer regarding snags. This includes copies of your snag list, emails, and any written responses you receive.


5. Consider Alternative Dispute Resolution (ADR)

If communication with the developer stalls or repairs are unsatisfactory, consider Alternative Dispute Resolution (ADR). The New Homes Ombudsman (NHO) offers a free adjudication scheme where an independent adjudicator makes a binding decision on the dispute (https://www.nhos.org.uk/).


6. Legal Action as a Last Resort

If ADR doesn't resolve the issue, legal action might be necessary. You may have legal grounds to sue the developer for breach of the Consumer Rights Act 2015 or the Defective Premises Act 1972. However, this route can be lengthy and expensive.


Here are some additional points to consider:


  • Gather Evidence: Before legal action, obtain a quote from a surveyor for the repairs. This strengthens your case.

  • Letter Before Action: Send a formal letter to the developer outlining the dispute and potential legal action. Include the surveyor's report and offer them a chance to rectify the issues to avoid court.

  • Seeking Legal Expertise: Consulting a lawyer specialising in property litigation can be more efficient for managing the legal process.


Remember:

Snags, while frustrating, are usually manageable. By following these tips, clear communication, and potentially ADR, you can achieve a resolution and transform your new house into a truly dream home.





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