New Homes Ombudsman: Protecting Buyers of New-Build Properties.

Buying a new-build home should be a positive experience. Still, some buyers face problems with poor workmanship, delays, unfinished work, misleading sales information, snagging issues or poor aftercare. The New Homes Ombudsman Service provides an independent route for some new-build buyers to raise complaints when their developer has not properly resolved the issue.

What Is the New Homes Ombudsman Service?

The New Homes Ombudsman Service is an independent complaints service for buyers of new-build homes from developers registered with the New Homes Quality Board. It is designed to help resolve disputes between customers and developers where the developer may have failed to meet the standards required by the New Homes Quality Code.

The service is free for eligible customers to use. It can consider complaints about matters such as sales conduct, reservation information, completion issues, defects, aftercare, complaint handling and customer service.

Who Is Covered?

A buyer will usually only be able to use the New Homes Ombudsman Service if the developer was registered with the New Homes Quality Board at the relevant time and the New Homes Quality Code covers the home. Buyers should check whether the developer is on the register and whether the registration date covers the date they reserved their home.

If the developer is not registered, the buyer may need to use another route, such as the developer's own complaints process, a warranty provider's resolution scheme, another consumer code scheme, legal advice or court action.

Time Limits for Complaints

Under the New Homes Quality Code, customers generally have two years from the date of reservation or legal completion, whichever is later, to raise a complaint under the complaints process and refer the matter to the New Homes Ombudsman Service if it is not resolved.

This makes it important for buyers to report problems promptly, keep evidence and follow the developer's complaints process rather than allowing issues to drift.

What Is the New Homes Quality Code?

The New Homes Quality Code sets standards that registered developers must follow when selling new homes, dealing with buyers, completing the purchase process, providing aftercare and handling complaints. It is intended to improve fairness, transparency and customer service in the new-build sector.

The Code covers matters such as fair and clear information, sales practices, reservation agreements, legal information, handover, after-sales service, defects and complaint handling. Developers registered with the New Homes Quality Board are expected to comply with the Code and accept decisions made by the New Homes Ombudsman Service.

What Types of Problems Can Be Raised?

Complaints may involve a wide range of new-build problems, including defects, delays in repairs, poor communication, misleading information during the sales process, missing documents, incomplete works, failure to explain charges, inadequate aftercare or failure to handle complaints properly.

Not every building problem will automatically fall within the Ombudsman's remit. Serious structural issues, warranty disputes, professional negligence, conveyancing problems or claims involving substantial financial loss may require separate legal advice.

What Can the Ombudsman Do?

If a complaint is accepted, the New Homes Ombudsman Service can consider the evidence, look at whether the developer complied with the Code and issue a decision. Where appropriate, it may require the developer to take action, apologise, carry out works, improve communication or pay compensation.

The Ombudsman's role is not the same as a court. It is intended to provide a specialist consumer redress process for eligible new-build complaints. However, some disputes may still require advice from a solicitor, surveyor, warranty provider or other professional.

Steps Buyers Should Take

Buyers should keep a clear record of all issues from the start. This may include photographs, videos, snagging reports, emails, letters, completion documents, reservation documents, marketing material, warranty documents and notes of conversations with the developer.

It is usually sensible to report defects and complaints in writing, ask for timescales, follow the developer's formal complaints process and keep copies of all responses. If the developer does not resolve the issue, the buyer can then check whether the matter can be referred to the New Homes Ombudsman Service.

How This Fits With New-Build Warranties

Many new-build homes also come with a structural warranty, often lasting up to ten years. The warranty may address certain defects or structural issues, while the Ombudsman may address Code-related complaints about the developer's conduct, aftercare, or failure to meet required standards.

These protections can overlap, but they are not identical. A buyer may need to consider the developer's complaints process, the warranty provider, the New Homes Ombudsman Service and legal advice, depending on the type and seriousness of the problem.

When Legal Advice May Be Needed

Legal advice may be important where the defects are serious, the property may be unsafe, the developer refuses to carry out works, the buyer has suffered significant financial loss, the warranty provider rejects responsibility, or the dispute involves contract terms, misrepresentation, negligence or potential court proceedings.

A solicitor can help assess the buyer's contract, correspondence, evidence, warranty position and potential claims. They can also advise whether the Ombudsman route is suitable or whether another legal remedy may be needed.

Advice for Developers

Developers should ensure their sales process, reservation agreements, handover procedures, aftercare systems and complaints handling comply with the New Homes Quality Code. Poor communication and delayed responses often make disputes worse. They may increase the risk of an adverse Ombudsman decision.

Clear records, realistic timescales, prompt repairs and fair complaint handling can help reduce disputes and improve customer confidence.

Current Position

The New Homes Ombudsman Service is now an important part of consumer protection for eligible new-build buyers. Still, it does not cover every new-build dispute. Coverage depends on the developer's registration, the relevant Code, the timing of the reservation and completion, and the nature of the complaint.

Buyers should check eligibility early, keep evidence and seek professional advice if the issue is serious, unresolved or financially significant.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Housing, property and consumer law can change, and how the law applies will depend on the facts of each case.

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