Developers have built a 40ft eyesore fence outside our home – we’re told it’s to protect us… but it looks horrid
A COUPLE have expressed their fury after a 40-foot metal fence was erected outside their Newcastle home.
Ewan Botcherby, 25, and his partner spent £359,995 on their four-bedroom, detached house in Callerton, only to have the countryside views obstructed by the 12-metre metal structure.
The couple, who also have a two-year-old child, purchased the house from property developer Bellway in October 2023, but claim they were not told about the full extent of the fence.
After moving into the house in January, they were amazed to discover the eyesore – designed to protect residents from stray golf balls – right outside their front door.
An investigation was launched after the couple complained to the New Homes Ombudsman Service (NHOS).
It found that Bellway should have given fuller information about the netting and its proximity to the house, and ordered the developer to pay the couple £700 in compensation.
However, Botcherby does not believe this sum is sufficient to cover the potential reduction in the property’s resale value, with the IT manager claiming he was told the fence “may have unintended consequences on the marketability and value of the house”.
He told Chronicle Live: “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 nowhere 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 pair added that while they originally bought the house for its countryside views, these had now been ruined.
In their complaint to the Ombudsman, Botcherby and his partner accused Bellway of failing to act transparently.
They claimed that despite the developer showing them a plan outlining the location of the fence, it refused to provide them or their solicitor with a copy.
The couple added that they had thought the netting would be held up by slim poles – meaning it could be wound down when the golf course was not in use.
In response to the complaint, Bellway refuted that it had breached the New Homes Quality Code and that the property was mis-sold.
However, the Ombudsman upheld the complaint in August.
They said: “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.
“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.”
Speaking on the result of the investigation, Botcherby said: “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 spokesperson for Bellway said: “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.
“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.”
Your rights with new-build homes
IF you have an issue with your new-build, there are a number of ways you can complain.
Residential property new-builds are usually covered by the Consumer Code for Home Builders and the Independent Dispute Resolution Scheme.
These set out a code of conduct that house builders should adhere to.
It’s worth checking before buying a new-build home whether the builder is registered with a warranty scheme that follows the code.
Eligible warranty schemes include the National House Building Council, Premier Guarantee or LABC Warranty.
The Consumer Code for Home Builders covers you before purchase, during purchase and after purchase if you purchase a new-build home.
After purchase, the home builder must make it so you can contact them with any issues you are having with the property.
However, if you are the second, or later owner of a home, you only receive backing by the code on after-sale matters.
The Code and the Independent Dispute Resolution Scheme do not apply to:
- Homes that at the time of reservation by the first buyer are covered by the New Homes Quality Code
- Second-hand properties (for example, properties taken by Home Builders in part exchange and re-sold)
- Properties acquired by registered social landlords for rent
- Properties acquired by corporate bodies, partnerships and individuals buying more than one property on the same development for investment purposes
- Properties built by self-builders for their own occupation
- Properties assigned or sub-sold by an investor to a third person before Legal Completion;
- Personal injury claims
- Loss of property value or blight
- Claims about the land conveyed and its registered title
- Claims that exceed the Independent Dispute Resolution Scheme’s limits
If you contact your home builder if they have breached the Consumer Code for Home Builders and they refuse to help, you should contact your home warranty body.
It can either deal with your complaint under the warranty terms, or it may provide you with an application form so you can make a claim via the Independent Dispute Resolution Scheme.
You can also complain to the New Homes Ombudsman Service if you have issues with your property like snagging or if you face delays getting issues resolved.