Part 5: Other provisions about safety standards, etc. New Homes Ombudsman scheme Section 137: The New Homes Ombudsman scheme Effect
The scheme must meet the conditions set out in this section and in Schedule 9.
	The purpose of the New Homes Ombudsman scheme is to enable relevant owners of new build homes across the United Kingdom to make complaints against scheme members (developers) and to have such complaints investigated and determined by an individual who will act as an independent ombudsman.
	Membership of the scheme must be open to all developers. The scheme must manage complaints made by qualifying complainants about those members. The definition of "qualifying complainant" covers a person who is a "relevant owner" of a "new build home" in England, Scotland, Wales or Northern Ireland at the time of a complaint, which is a complaint within the first two years from the first purchase of the property from the developer. "Relevant owner" and "new build home" are defined in section 138. "Relevant owners" include individual owners who occupy the new build home, and certain residential landlords. Complaints can be made for certain new build homes constructed or converted after this section comes into effect, subject to further conditions in section 138.
	This section does not restrict the New Homes Ombudsman scheme from receiving complaints from "qualifying complainants" only. It may include provision for other people or organisations to have complaints investigated.
	To avoid duplication, the scheme will not be required to investigate a similar complaint being dealt with under another redress scheme, such as complaints against a developer who is a member of another redress scheme.
	This could include a situation where a complaint has been made to the Housing Ombudsman Service for a new build home in England which has not been resolved yet. The New Homes Ombudsman scheme will also not be required to investigate complaints that are subject to legal proceedings. The same applies to complaints already resolved by other redress schemes or the courts.
	This section also introduces Schedule 10 which inserts reference to the New Homes Ombudsman into the Local Government Act 1974 and the Housing Act 1996 to make sure that the Local Government and Social Care Ombudsman and the Housing Ombudsman can work effectively together with the New Homes Ombudsman.
	In this section, the term "redress scheme" is to include schemes that involve statutory corporations , amongst others, such as the Public Services Ombudsmen available in Wales Scotland and Northern Ireland, the Local Government and Social Care Ombudsman and the Housing Ombudsman.