Summary
Relevant sections of the New Homes Quality Code
Part 3: After-sales, complaints and the NHOS
Investigation outcome
Complaint not upheld.
Recommendations for developers
- Provide clear maintenance guidance to customers, particularly in relation to gardens and weather‑related impacts.
- Ensure customers understand what constitutes normal maintenance versus defects covered by warranty.
Issue
The customer complained that severe cracking in their rear garden was a health and safety issue and not the result of dry weather, as stated by the developer and warranty provider. They believed the condition of the garden was worsening and did not meet the relevant standards.
Circumstances
- The customer raised concerns about large cracks appearing in the rear garden a few months after moving in. The customer said the garden was well maintained, watered regularly and properly cared for, and disputed the developer’s view that the cracking was caused by dry weather.
- The customer raised concerns that the cracking was unsafe and queried whether the topsoil provided at handover met the required minimum depth. The developer confirmed that soil validation checks had been carried out before completion and that the topsoil depth exceeded the required 100mm minimum.
- The customer escalated the issue to the warranty provider’s dispute resolution service. An inspection identified widespread fissure cracking consistent with clay soil shrinkage during prolonged dry periods. A trial hole confirmed dry underlying soil with no building materials present, and no cracking or movement was observed within the property itself. The warranty provider concluded the garden complied with technical requirements and that no remedial works were required.
Ombudsman’s decision
The Ombudsman considered evidence from the developer and the warranty provider’s inspection. The findings demonstrated that the cracking was consistent with natural shrink‑swell behaviour of clay soils during extended dry weather and not the result of defective construction.
The Ombudsman was satisfied that the developer had carried out appropriate soil checks before completion and that these met relevant standards. The warranty provider’s investigation confirmed compliance with technical requirements and identified normal garden maintenance measures as the appropriate response.
The Ombudsman also found that the customer had been provided with a home maintenance guide explaining garden care responsibilities, including watering turf during dry periods to prevent soil shrinkage. On this basis, the Ombudsman concluded that the developer had met its obligations under the New Homes Quality Code.
Learnings
- Soil composition and weather conditions can affect garden appearance without indicating construction defects.
- Providing clear guidance on garden maintenance helps manage expectations following completion.
