Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Buying a new-build home should feel like a fresh start, but when things go wrong, whether that's unfinished snagging, hidden defects or a developer who stops returning your calls, it quickly turns stressful. The New Homes Ombudsman Service (NHOS) exists to give buyers a route to challenge developer conduct without having to go straight to court.
I'm Brad Askew, and in this guide I'll walk you through what the service actually does, when you can use it, how to prepare your complaint, and what to realistically expect from the process. I'll also cover the common pitfalls I see people trip over, from missing the developer's internal complaints window to submitting patchy evidence.
By the end, you should have a clearer picture of whether NHOS is the right route for your problem and how to give your complaint the best chance of succeeding.
Overview
The New Homes Ombudsman Service is an independent scheme set up to handle disputes between buyers of new-build homes and the developers who built and sold them. It was introduced as part of wider reforms to raise standards in the new-build sector and give purchasers somewhere to turn when a developer falls short of the New Homes Quality Code.
Registered developers sign up to the code, which sets out how they should market, sell and finish homes, as well as how they should handle customer complaints after completion. NHOS typically deals with issues such as poor build quality and unresolved defects, delays to completion, misleading marketing or sales pressure, problems with contracts and reservation agreements, and ongoing management issues on new developments.
It doesn't replace your legal rights or warranty cover such as NHBC, but it can be a faster, lower-cost alternative to litigation when a developer won't engage. Decisions made by the ombudsman can be binding on the developer if you accept them.
Key steps
Raise the issue with your developer first. Before NHOS will look at anything, you need to give the developer a proper chance to put it right. Put your complaint in writing, keep it factual, list the defects or concerns clearly, and ask for a specific outcome. Most developers operate to an eight-week internal complaints window under the code.
Wait for a final response or deadlock. If the developer issues a final response you're unhappy with, or the eight-week period ends without resolution, you can escalate. A 'deadlock letter' from the developer confirms that their internal process has ended. Hold on to this, as NHOS will usually ask to see it or evidence that the window has passed.
Gather your evidence. Pull together everything relevant: the reservation agreement, contract of sale, marketing materials, snagging lists, photos and videos of defects, surveyor or warranty inspection reports, and the full email and letter trail with the developer. Date-stamped, organised evidence makes a huge difference to how quickly your complaint is assessed.
Submit your complaint to NHOS. You can lodge your complaint online, by post, by email or over the phone. Explain what went wrong, when it happened, what you've already done to resolve it, and what outcome you're seeking, whether that's repairs, compensation, a refund of costs or a formal apology. Be concise but specific.
Engage with the investigation. An investigator will review your submission, contact the developer for their side, and may ask follow-up questions. Respond promptly and stick to the facts. Once they've weighed the evidence against the New Homes Quality Code and relevant standards, they'll issue a decision. If you accept it, the developer is generally required to comply.
Q Which new-build homes are covered by the scheme?
NHOS covers homes sold by developers who have registered with the New Homes Quality Board and signed up to the New Homes Quality Code. Coverage depends on when your home was reserved and whether your developer is a member at that time. If you're unsure, check the developer's website or ask them directly, and cross-check on the New Homes Quality Board register before assuming you can use the service.
Q Is there a time limit for complaining to NHOS?
Yes. You generally need to raise the issue with the developer within a set period after legal completion, and then escalate to NHOS within a further window once the developer's internal complaints process has ended or timed out. The deadlines can be tight, so it's worth acting as soon as you spot a problem rather than hoping the developer will sort it informally.
Q Does using the ombudsman cost me anything?
The service is free for the homebuyer to use. It's funded by the developers who are members of the scheme. That said, if you choose to involve a surveyor, solicitor or other professional to help build your case, you'll need to cover those costs yourself. The ombudsman can sometimes order the developer to contribute to reasonable costs, but this isn't guaranteed.
Q What kind of outcomes can the ombudsman order?
Decisions can include requiring the developer to carry out remedial works, pay financial compensation, refund specific costs, issue an apology, or change a particular practice. There are caps on the financial awards that can be made. If you accept the decision, the developer is bound by it. If you don't accept it, you generally keep your right to pursue the matter through the courts instead.
Q Can I still go to court if I use NHOS?
Using the ombudsman doesn't automatically shut off court action, but once you accept a final NHOS decision, that resolution is usually binding and you can't then sue for the same issue. If you think your claim is complex, high value, or involves serious legal questions, it's worth thinking carefully about which route suits your situation before committing.
Q What's the difference between NHOS and the Housing Ombudsman?
The New Homes Ombudsman handles disputes between new-build buyers and developers about construction, sales conduct and the New Homes Quality Code. The Housing Ombudsman deals with complaints about social housing landlords, such as housing associations and councils. They cover different relationships, so the right service depends on who you're complaining about rather than where you live.
Q What if my developer isn't a member of NHOS?
If the developer hasn't signed up to the New Homes Quality Code, the ombudsman can't take on your complaint. In that case, your main routes tend to be your structural warranty provider (such as NHBC or similar), the terms of your contract of sale, and in some situations a claim through the courts. It's worth taking guidance before deciding which route fits best.
New-build disputes can involve overlapping routes: developer complaints, warranty claims, and the ombudsman. An experienced legal adviser can help you think through your options based on what you describe, so you approach the right body first.
✓Plain-English answers to your specific questions about the NHOS process
✓Practical perspective on whether your situation fits the scheme based on what you describe
✓Help thinking through evidence and timing for your complaint
✓Clarity on how NHOS, warranty cover and court action compare for your circumstances
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Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.