The Consumer Code for HomeBuilders is a waste of your time.
They will hardly ever agree with the new homebuyer.
However, the Home Owners Alliance is wrong and a new home is "Property" not goods or services so the CRA does not apply with the majority of CRA criteria. That said, any specific goods or services carried out within the home, after legal completion, could be covered by the CRA.
This twists and turns and gets deep into law.
Turns out the Home Owners Alliance is correct, and I have the legal authority upon which that is based now.
The matter turns on the authority of Harrison & Ors v Shepherd Homes Ltd & Ors [2011] EWHC 1811 (TCC) (11 July 2011), which is was appealed and the contractual points not taken at Harrison & Ors v Shepherd Homes Ltd & Ors [2012] EWCA Civ 904 (05 July 2012)
The decisions in that at paragraph 50 states:
If, contrary to my view, the existing express term at Clause 7.1 did not include the obligations in respect of design and fitness for habitation, then subject to the entire agreement clause, I consider that the usual terms as to the design being carried out with reasonable skill and care and as to fitness for habitation, would be implied under section 13 of the Supply of Goods and Services Act 1982 and at common law as part of the terms set out by Diplock LJ in Hancock v Brazier (Anerley) Ltd [1966] 1 WLR 1317 at 1327C to D.
Section 13 of the Supply and Goods and Service Act 1982 provides that, in a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.
Since Section 13 of the Supply of Goods Act refers to the supply of a service, and the judge has determined that clause applies to a build contract, then that build contract is a contract for the supply of a service. The whole judgment decision is that the liabilities of that contract survive merger on conveyance.
The law has determined that building a house 'off plan' is a contract for the supply of a service. Section 48(1) of the Consumer Rights Act states "This Chapter applies to a contract for a trader to supply a service to a consumer.".
Therefore the Consumer Rights Act 2015 applies to the building of an off plan home - by decided law.
The Consumer Code is wrong in its interpretation.