The TV advert for Cambridgeshire-based Birch’s Group Ltd featured a voice-over stating: “Birch’s is delighted to present Little London Park at Torksey Lock near Lincoln. Set within a peaceful location near the canal. With fully furnished bungalows from £140,000. A part-exchange scheme is also available. Come along to our open weekend this Saturday and Sunday…”

The advert also featured internal and external images of the properties, while the voice-over at the end added: “Little London Park one exclusive location” and featured on-screen text that stated: “Little London Park Torksey Park, Lincoln, LN1 2EL Open Weekend this Saturday & Sunday…”

The Advertising Standards Authority (ASA) received a compliant which questioned whether the images shown in the advert were taken from another property site owned by the developer and felt the advertisement was misleading.

Birch’s Group explained that the images were from various properties at their Cambridgeshire site, but felt they were accurate representations of properties customers could purchase at their Little London Park site.

The developer also said customers could select any property from a range of options offered by different manufactures across any of their sites and believed that while the advert showed exterior images and footage of properties, there were no features in the background which could link them to a particular location.

Clearcast, which clears adverts against the UK Code of Broadcast Advertising, stated that it had received assurance from Birch’s Group that the images depicted in the advert were accurate and truthful representations of what a consumer would receive at the property location, which meant it did not consider the ad was misleading.

Clearcast was also satisfied that the external images of the properties were equally representational and the developer could accurately supply homes featured in the advert. 

The ASA considered that viewers would interpret that the advert implied the properties would be available to purchase at Birch’s Group Little London Park site’s open weekend, where they would be ready for viewing.

The watchdog acknowledged that the developer offered the same portfolio of properties and internal features for custom-made homes across all their locations.

However, the ASA felt Birch’s Group needed to show that the actual properties shown in the advert were ready for viewing at their Little London Park open weekend. 

The ASA noted that while the featured show home, Omar Sheringham, of the same size shown in the ad, was available for viewing at the open weekend, its other features home, Omar Heritage, was not.

It was, however, available for consumers as a custom built home where it could be matched to the advert.

The regulator explained that the Omar Heritage, which was generally bigger in size than the Omar Sheringham, could be more appealing to viewers and was likely to persuade them to visit the open weekend believing it would be available to view. 

The ASA therefore concluded that because the Omar Heritage was not available for viewing during the open weekend the advert was misleading.

Birch’s Group must no longer show the advert in its current form and was warned that its future advertising for its open weekends must only feature properties ready for viewing.