Part 5: Other provisions about safety standards, etc. New Homes Ombudsman scheme Section 137: The New Homes Ombudsman scheme Background
This is a new provision. There is no previous provision for owners of new build homes specifically to complain to an ombudsman or redress scheme. Redress schemes already exist in relation to property management, lettings and estate agency work in the private residential sector, and for social housing residents.
Example
An individual who owns and occupies a new build home will be able to bring a complaint against a developer who is a member of the New Homes Ombudsman scheme about the developer’s conduct and standards of work. The complaint can be raised about matters occurring within two years from the date the home was first purchased from the developer. A complaint does not have to be made by the original purchaser, if the home has changed hands – see further below at section 138. There is flexibility for the New Homes Ombudsman to include provision in its rules so that it can receive complaints where the purchaser wasn’t an individual (for example, small organisations who purchase a new build home from a developer and do not have the capacity to pursue cases through the courts). It will be up to the New Homes Ombudsman scheme to set out who can complain to it in these circumstances. This could include prospective purchasers of new build homes who did not complete the purchase of the property as a result of a developer’s actions, or it could include organisations such as smaller housing associations who bought new build homes for occupation by tenants.