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.