CRH: Regarding completion dates:
The Consumer Code for Home Builders is quite clear regarding completion dates:
REQUIREMENT
"The Home Buyer must be given reliable and realistic information about when construction of the Home may be finished, the date of Legal Completion, and the date for handover of the Home." The critical key words being
reliable and
realistic. The "builder guidance" goes further:
" Before completing the foundations and ground floor - give the calendar quarter when the Home is likely to be ready.
When the roof is completed and the building weatherproof - give the month when the Home is likely to be ready.
When the Home is decorated and main services are connected - say what week the Home is likely to be ready." Therefore Taylor Wimpey should have kept you informed of the progress and any revision of the completion date. Once the house was decorated they should have been in a position to give you a precise week in which it would be 100% finished and complete - giving you a minimum two week's notice of the date of legal completion.
"The Home Buyer may terminate the contract if the Home Builder fails to serve notice on the Home Buyer to complete the sale within 2 months from the anticipated date stated in the Contract of Sale." (ie.at Exchange of Contracts) This is only applicable "if the Contract of Sale is exchanged before the roof is completed and the building weatherproof" You will know what stage the house was at the time you exchanged contracts.
Taylor Wimpey have not complied fully with the requirements of the CCHB in my opinion.
Because the date(s) they gave you were, and by all accounts continue to be, both unreliable and unrealistic, especially given their own apparent lack of confidence to build a home to the required quality standards to pass an NHBC final CML inspection.
You would have every right to make a claim under the CCHB as in my opinion Taylor Wimpey have not met the requirements. You will need plenty of evidence for a claim, so keep receipts and written records of everything.
Making a
Subject Access Request is a great way to cause maximum inconvenience for house builders at minimal cost to home buyers (£10 plus your own postage costs). It is a Legal Requirement that they provide you with EVERYTHING in your plot file or in their records relating to you or your home, including internal e mails which can be quite revealing!
No doubt the HBF and others in the house building industry will lobby to get the maximum fee increased, or get restrictions placed on what they are compelled to release but in the meantime, new home buyers with issues should make use of this while they can.
It is good news you now have, in writing, a legal completion date of 6th December.
It remains to be seen whether your home will be sufficiently finished to pass the NHBC CML final inspection later today.
Your own snagging inspector will no doubt throw up a few issues too.
Do not legally complete until AFTER his inspection. Insist on this, if they refuse say the deal is off, you cannot compete until January as it is too close to Christmas.
They will let him inspect trust me.