Part 5Other provision about safety, standards etc

New homes ombudsman scheme

I1137The new homes ombudsman scheme

1

The conditions referred to in section 136(1) are that—

a

membership of the scheme is open to all developers,

b

the scheme enables qualifying complainants to have complaints against members of the scheme investigated and determined by an independent individual, and

c

the scheme contains the provisions required by Schedule 9.

2

A “qualifying complainant” is a person who, at the time the complaint is made, is a relevant owner of a home which, at that time, is a new build home.

3

The individual who is to investigate and determine complaints under the scheme is to be known as “the new homes ombudsman”.

4

The scheme may also include provision for persons other than qualifying complainants to have complaints against members of the scheme investigated and determined under the scheme.

5

The scheme may provide that the new homes ombudsman is not required to investigate a complaint if the new homes ombudsman is satisfied that the complaint (or a complaint which is materially the same) is being, or has been, dealt with under another redress scheme or in legal proceedings.

6

In this section, “redress scheme” means a scheme under which complaints may be made to, and investigated and determined by, an independent person.

7

Schedule 9 contains further provision about the new homes ombudsman scheme.

8

Schedule 10 contains amendments connected with the establishment of the new homes ombudsman scheme.