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Customer Complaints Procedure

  • Rosmara Development 4 Ltd (the “Developer”) will provide a written acknowledgement of any Complaint from a Buyer to the Buyer within 14 days of the Complaint being made.
  • The Developer will provide the Buyer with a more detailed response within 56 days of a Complaint being made. Where applicable, the response will include one or more of the following:
    • An acceptance of the Complaint and what action the Developer is going to take to resolve the issue(s) raised.
    • An estimated timescale for the work required to resolve the issue(s) raised and the Developer will inform the Buyer at the earliest possible opportunity if the time frame needs to be extended and the reason for the delay.
    • A rejection of the Complaint and details of the reason(s) why the Complaint is rejected.
    • Details of any further investigation work necessary to determine the outcome of the Developer’s decision to either accept or reject the Complaint, including timescales.
    • A written final response will be provided as soon as possible after any further investigation has been carried out and it will set out what part(s) of the Complaint the Developer agrees with as well as (where appropriate), what part(s) the Developer disagrees with and why.
  • If the Complaint becomes a Dispute under the ICW Consumer Code (which can occur if the Developer has failed to comply with the requirements of the ICW Consumer Code (specifically snagging) and as a result, the Buyer believes they have suffered (i) a financial loss (ii) emotional distress; and/or (iii) inconvenience), the Buyer may refer it directly to the ICW Dispute Resolution Scheme:
    • If the Buyer does not receive any response from the Developer within 56 days of a Complaint being made;
    • If the Buyer cannot reach an amicable resolution to the Complaint with the Developer; or
    • If any defective, faulty or incomplete works or issues arising are not resolved within timescales agreed between the Buyer and the Developer.
  • Using this Complaints Procedure or the ICW Dispute Resolution Scheme does not affect the Buyer’s normal legal rights. If the issue is not covered by the Structural Warranty, the Structural Warranty Body may give the Buyer details about the ICW Dispute Resolution Scheme.
  • If the Buyer is not satisfied with the outcome of the Developer’s response, or does not receive a response from the Developer as per the Developer’s complaints procedure a Dispute may be brought to the ICW Dispute Resolution Scheme within 12 months of either (i) the date of the Developer final response or final offer to resolve the original complaint or (ii) the date of making their original complaint in writing to the Developer, if the Developer has not responded.
  • The ICW Dispute Resolution Scheme (DRS) can only deal with matters as defined in Clause 2 of the ICW Consumer Code.

This procedure complies with the requirements of The ICW Consumer Code for New Homes (Version 3) and terms which are defined in the Code shall have the same meaning when used in this procedure.