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The New Homes Ombudsman Service (NHOS)

07/10/2022

The NHOS has been introduced as part of the Building Safety Act 2002. It provides a free adjudication process to deal with complaints from homeowners relating to poor building work in new build homes.

Currently there are a variety of warranty providers, codes of practice and complaints procedures for new build homes. The intention is to provide consistency with a New Home Quality Code (NHQC), so that all homeowners have their complaints dealt with in the same manner. Complaints can be made up to 2 years after completion of the purchase of a new build home.

If the adjudicator upholds the homeowner’s complaint, then the Ombudsman has the right to require the developers to:

  • make an apology;
  • provide an explanation
  • rectify the issue
  • pay compensation or goodwill payment (up to £75,000), and/or
  • take some other action as the Ombudsman may specify.

The majority of developers have already announced they have registered or are registering with the NHOS. There is currently no requirement for developers to register, however it is expected to be made compulsory in due course. As soon as a developer activates their registration, all customers who reserve a new home from that developer will be covered by the NHOS and NHQC.

How Pinney Talfourd can help

Pinney Talfourd are experts in commercial and residential property litigation and can advise you on changes to the law so you are given up to date advice.

Please do not hesitate to contact either Stephen Eccles on 01708 463202 or Oliver-James Topping on 01708 463227 should you wish to discuss anything further.

The above is meant to be only advice and is correct as of the time of posting. This article was written by Oliver-James Topping, Solicitor in the Residential Property Litigation Team at Pinney Talfourd LLP Solicitors. The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. Specific legal advice should be taken on each individual matter. This article is based on the law as of October 2022.

07/10/2022

Authors

Oliver-James Topping

Senior Associate

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