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Building Safety Act 2022
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This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
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Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Building Safety Act 2022, Section 137 is up to date with all changes known to be in force on or before 04 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Section 137:
- Sch. 3 para. 3(5)(e) and word inserted by 2024 c. 22 Sch. 13 para. 7(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 3 para. 3(5)(e) and word inserted by 2024 c. 22 Sch. 13 para. 7(b)
Prospective
137The new homes ombudsman schemeU.K.
This section has no associated Explanatory Notes
(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.
Commencement Information
I1S. 137 not in force at Royal Assent, see s. 170(5)
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