A couple was stunned to find a 12-metre structure built in front of their new home. The couple believe they are owed significant compensation, but have only been given £700
A couple spoke of the shock moment a 12-metre structure was suddenly built in front of their new home.
Ewan Botcherby, 25, and his partner Rachel Storey, 29, said the ordeal caused them so much stress that Rachel was put back in the hospital as she was recovering from pneumonia. The couple bought the home from Bellway in October last year for £359,999, but they didn't move in until January.
To their shock, the property, which boasts views of a golf course, was now obscured by a massive 12-metre metal structure that the couple claim was never told about.
The New Homes Ombudsman Service (NHOS) said in a ruling that Bellway could have provided more comprehensive information about the netting and its proximity to Ewan and Rachel’s property. NHOS said the couple had been caused distress, but ordered just £700 in compensation.
The golf netting "may have unintended consequences on the marketability and value of the house", Ewan has been told by the estate agent. The disgruntled homeowner believes his loss is far more than £700, Chronicle Live reported.
He said: "We live on the edge of a golf course and no one instructed us, or my solicitor, that there was going to be a 12-metre metal structure built in front of my front door to hold golf netting up. The structure in front of our door is 12 metres and it doesn't look good. How is £700 going to fix the issue?
"It's no where near what we thought it would be. I won't accept the offer from the Ombudsman. I'm really frustrated about what has happened. It's like Bellway is getting away with it."
The view Ewan and Rachel were hoping to enjoy with their child Connie, two, is now obscured. They lodged a complaint with the ombudsman, accusing Bellway of lacking transparency and failing to provide all relevant information regarding their purchase.
The couple claimed they were shown a plan indicating the location of the netting and supports but never received a copy despite asking for one. They added that their solicitor didn't receive a copy either. They had anticipated that the netting would be supported by slender poles and could be raised or lowered as required, and were taken aback when this wasn't the case.
After moving in January, Rachel began panicking after she was discharged from the hospital with pneumonia. Ewan said: "She was panicking, putting pressure on her lungs, and she got rushed into hospital again."
Ewan also said a property valuation from Your Move estate agents told him the "imposing netting and stanchions may detract from the overall appearance, making the property less inviting".
But Bellway believes there was no breach of the New Homes Quality Code and denied allegations of mis-selling the property. Despite this, the ombudsman sided with the complainant, finding Bellway in violation of the Code's standards.
The ombudsman stated: "I am satisfied that the developer should have given fuller information to the customer about the netting and its location relative to their property and that the customer has suffered distress as a result."
They added: "Given that the fencing is located to the front elevation and is highly visible from the property, I consider that the sum of £700 should be paid by the developer to the customer."
Ewan commented on the situation, saying: "They said Bellway wasn't transparent with us. They've just been an absolute nightmare. We have had six site managers in seven months. If the structure doesn't get taken out we will look to move."
A Bellway spokesperson responded: "The New Home Ombudsman Service (NHOS) considers complaints by customers to ensure housebuilders, such as Bellway, adhere to the New Homes Quality Code. As a responsible housebuilder, Bellway was one of the first major developers to register with the voluntary Ombudsman scheme in October 2022, to ensure our customers are treated in line with the rules of the regulatory code."
Concluding, they said: "In this case, the NHOS has ruled in favour of the customer and Bellway is bound by this decision, including making payment of the financial award set by the Ombudsman. In this particular case, the property is adjacent to the golf club and the complaint relates to the siting of netting and the associated support structures required to protect properties and residents from golf balls.
"Bellway informed the customer of the position and dimensions of the netting in question and referenced the 12m support structures during the initial reservation meeting. This has not been denied by the customer. The Ombudsman adjudicated that Bellway should have provided more detailed information to the customer, which we did not do."
