The Scotsman

Building blocks for more homes

◆ Competitio­n and Markets Authority reports lay the foundation­s for better outcomes, says Angelique Bret

- Angelique Bret is a Partner, Pinsent Masons

Complex and unpredicta­ble planning rules across Scotland, England, and Wales, together with the limitation­s of speculativ­e private developmen­t without responding to community need, are primarily responsibl­e for the persistent under delivery of new homes, according to a Competitio­n and Markets Authority (CMA) report following an extensive study of the housebuild­ing market.

The study identified concerns that some homeowners are facing high and unclear charges for the management of facilities such as roads, drainage and green spaces. Concerns were also raised over the quality of some new housing with a significan­t number of“snagging” reports from owners over the last ten years.

The report also highlighte­d potential issues relating to transparen­cy and customer service, with buyers often facing challenges in obtaining accurate informatio­n about their purchase.

The CMA is recommendi­ng a range of measures for government considerat­ion, including streamlini­ng the planning system, and improvemen­ts to consumer protection for homeowners on new and existing private estates.

A separate investigat­ion under the 1998 Competitio­n Act into the suspected sharing of commercial­ly sensitive informatio­n by certain housebuild­ers has been opened by the CMA. It stated that “there are persistent shortfalls in the number of homes built across England, Scotland, and Wales, with less than 250,000 built last year across Great Britain, well below the 300,000-target for England alone.”

The market study reviewed “land banking” by developers but concluded it was more a “symptom” of the planning system issues the CMA had identified, rather than a primary reason for the shortage of new homes. The CMA found land banking did not significan­tly distort competitio­n between housebuild­ers in delivering houses.

The CMA has made a range of recommenda­tions to the Scottish, English and Welsh government­s to help improve market outcomes. These include requiring councils to adopt amenities on all new housing estates, introducin­g

The CMA’S findings emphasise the need for consistenc­y across the industry

enhanced consumer protection­s for homeowners on existing privately managed estates, and establishi­ng a New Homes Ombudsman as soon as possible, and setting a single mandatory consumer code so homeowners can better pursue homebuilde­rs over any quality issues they face. The CMA report also sets out proposed options for considerat­ion by government­s to help address concerns with the planning system.

The CMA’S findings raise various consumer protection considerat­ions and emphasise the need for consistenc­y across the industry with firms urged to ensure homes meet safety, energy efficiency and durability requiremen­ts.

The CMA’S consumer protection enforcemen­t powers will be substantia­lly strengthen­ed once the Digital Markets, Competitio­n and Consumers Bill is passed. The changes will empower the CMA to decide when consumer protection laws have been broken without resorting to court action, and it will be able to set fine sat up to 10 per cent of a company’s global annual turnover for breaching consumer laws.

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 ?? ?? The CMA reported ‘persistent shortfalls in the number of homes built across England, Scotland, and Wales’
The CMA reported ‘persistent shortfalls in the number of homes built across England, Scotland, and Wales’
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