How to make a complaint to the New Homes Ombudsman (NHOS)

The New Homes Ombudsman Service (NHOS) is a free, independent dispute resolution scheme for new build buyers in the UK that launched in 2023 — and the majority of buyers who could use it have never heard of it. If your developer has failed to address defects, given you inaccurate information about your home, or handled your complaint poorly, the NHOS can investigate, award financial compensation of up to £50,000, and issue binding repair orders, all at no cost to you.

This guide explains who the NHOS covers, what it can and cannot do, how to navigate the complaint process step by step, and what evidence to include.

What is the New Homes Ombudsman Service?

The NHOS is an independent adjudication scheme set up under the framework of the Building Safety Act 2022, which required the establishment of a new homes ombudsman service as part of its broader drive to improve quality and accountability in the new build sector. The scheme became operational in April 2023.

The NHOS operates under the New Homes Quality Code (the successor to the Consumer Code for Home Builders for member developers) and acts as the independent adjudicator when buyers and developers cannot resolve disputes through the developer’s own complaints process.

It is worth being clear about what the NHOS is not. It is not a regulator with the power to fine developers or revoke licences. It is not part of the NHBC and does not handle warranty claims. It is an ombudsman — an independent body that investigates complaints, reviews evidence from both sides, and makes a determination that is binding on the developer if the buyer accepts it.

Who does the NHOS cover?

The NHOS only handles complaints against developers who are members of the scheme. Membership is linked to registration with certain warranty and insurance providers and industry bodies.

As of 2025, NHOS member developers include those registered with:

• NHBC (which covers the majority of new homes in the UK)
• Premier Guarantee
• LABC Warranty
• Members of the Home Builders Federation (HBF)

To check whether your developer is a member, visit nhos.org.uk and use the developer search tool. If your developer is not a member, the NHOS cannot accept your complaint — in that case, your options are NHBC Resolution (for warranty matters), trading standards, or the courts.

If your developer joined the scheme after you purchased your home, check the NHOS website to confirm whether your complaint falls within the scheme’s jurisdiction — membership dates can affect eligibility.

What the NHOS can investigate

The NHOS investigates complaints about developer conduct and service failures, assessed against the requirements of the New Homes Quality Code (or the Consumer Code for Home Builders, depending on when your purchase completed and which code applied at the time).

Complaints the NHOS can investigate include:

• Unresolved defects — where you have formally notified your developer of defects and they have not been rectified within a reasonable timeframe after the developer’s complaints process has concluded
• Misleading information — inaccurate descriptions of the property, finishes, or included specification during the sales process
• Failure to follow the complaints process — where your developer has not acknowledged complaints promptly, failed to provide a final written response, or refused to engage with your snagging list
• Poor after-sales service — systematic failure to honour the service commitments required under the Code
• Completion and handover failures — failure to provide adequate notice before completion, failure to carry out a pre-completion inspection when one was requested

The NHOS does not investigate:

• Complaints that are primarily about the physical standard of construction (these are for NHBC to assess against Technical Standards)
• Complaints that have already been through the NHBC Resolution Service and resulted in a binding decision
• Complaints that are already before a court or tribunal
• Complaints about developers who are not members of the scheme

What the NHOS can order

If the NHOS upholds your complaint, it has the power to order:

• Financial compensation of up to £50,000 — this can cover the cost of remediation works you have had to carry out yourself, distress and inconvenience, and out-of-pocket expenses incurred as a result of the developer’s failures
• Repair orders — requiring the developer to carry out specific remediation work
• Written apologies
• Process improvements — directing the developer to change how they handle complaints in future

Importantly, the developer is bound by the NHOS decision if you choose to accept it. If you accept the outcome, you give up the right to pursue the same complaint through the courts. If you do not accept the outcome, you can still go to court — the NHOS decision does not prevent that, though it may inform a court’s view of the dispute.

The complaint process: step by step

Step 1: Exhaust your developer’s own complaints process

The NHOS will not accept a complaint unless you have first completed your developer’s formal complaints process. This is a mandatory eligibility requirement.

What this means in practice:

1. Submit a formal written complaint to your developer’s customer care team. The complaint should list every unresolved defect or service failure, include photographs and supporting documentation, and request a written response.
2. Your developer has eight weeks to provide a final written response (also called a “deadlock letter”) under the requirements of the New Homes Quality Code.
3. If eight weeks pass without a final written response, or if you receive a final response that does not resolve your complaint to your satisfaction, you are eligible to escalate to the NHOS.

Keep copies of every communication. The date you submitted your formal complaint — and the date you received (or did not receive) a final response — determines your eligibility and the timeframe for your NHOS submission.

Step 2: Check you are within the time limit

The NHOS requires complaints to be submitted within 12 months of:

• The date your developer issued their final written response, or
• The date eight weeks passed without a response

Do not delay once you are eligible. If you miss the 12-month window, the NHOS may decline to investigate.

Step 3: Gather your evidence

The NHOS process is conducted entirely in writing. There are no hearings or site visits by NHOS staff — instead, the case officer reviews the documentary evidence submitted by both you and the developer.

Your evidence file should include:

• Your original defect notice or snagging list, with photographs and dates
• All written communications with your developer (emails, letters, portal messages)
• Your developer’s formal complaint response (or a record that no response was received)
• Any reports from independent surveyors or inspectors
• A clear timeline of events, showing when each issue was first reported and what happened next
• Records of any costs you have incurred as a result of the defects or the developer’s failures — receipts, quotes, invoices

Photographs are essential. Ensure every photograph has a clear date and time stamp. Apps like Checka automatically timestamp and location-tag photographs at the point of capture, which is significantly more credible than photographs taken from a camera roll with no metadata.

Step 4: Submit your complaint to the NHOS

Complaints are submitted via the NHOS website at nhos.org.uk. You will be asked to:

• Confirm the developer’s name and development
• Confirm that you have completed the developer’s complaints process
• Describe the nature of your complaint and the outcome you are seeking
• Upload your supporting documentation

The NHOS will acknowledge your submission and assign a case reference number. They will then contact your developer to request their response.

Step 5: The investigation

Once both submissions are received, a case officer reviews the evidence against the requirements of the New Homes Quality Code. The case officer may ask for additional information from either party during this stage.

The NHOS aims to resolve complaints within 90 days of accepting a case, though complex cases involving multiple defects and a substantial evidence file may take longer.

Step 6: The determination

The NHOS issues a written determination setting out:

• The complaint issues it has investigated
• Its findings on each issue
• Any remedy it is ordering the developer to provide

You then have a defined period (typically 30 days) to decide whether to accept the determination. If you accept, the developer is bound to comply. If you reject it, you can pursue the matter through the courts — but you will need to start again with a fresh evidence file.

What the NHOS cannot do

The NHOS is a powerful tool within its scope, but it has clear limits:

• It cannot assess the physical standard of construction against building regulations or NHBC Technical Standards — that is NHBC’s function
• It cannot force a developer to carry out work that falls outside the Consumer Code — for structural defects in years 3–10, NHBC is the appropriate body
• It cannot investigate complaints about developers who are not members
• It cannot award compensation above £50,000 — for larger claims, you would need to go to court
• It cannot act as an emergency service — if you have a live emergency (a serious water leak, for example), contact your warranty provider and your local authority building control, not the NHOS

How the NHOS fits within the wider system

The NHOS sits alongside — not above — NHBC and the courts. The most effective approach for most buyers is sequential:

1. Formal written complaint to your developer → 8-week response window
2. NHBC Resolution Service (if the dispute is about defect quality, in years 1–2)
3. NHOS (if the dispute is about the developer’s conduct, process, or service failures)
4. Courts (as a last resort for financial claims)

For many buyers, the NHOS and NHBC Resolution Service will overlap — a defect dispute often involves both a technical question (is this a defect under the NHBC Standards?) and a service question (has the developer handled the complaint adequately?). There is no rule against pursuing both simultaneously, provided you make clear to each body what the other is doing.

Australian equivalent

For Australian readers, the closest equivalent to the NHOS is QBCC dispute resolution in Queensland, which provides a free mediation and dispute resolution service for home building disputes. QBCC can also issue rectification orders against licensed builders. In New South Wales, NSW Fair Trading operates a similar voluntary conciliation service before disputes proceed to NCAT. There is no single national ombudsman equivalent to the NHOS — dispute resolution in Australia remains state-based.

Key takeaways

• The New Homes Ombudsman Service (NHOS) launched in 2023 and is free to use — it can award financial compensation up to £50,000 and issue binding repair orders against member developers
• Before the NHOS will accept your complaint, you must complete your developer’s own formal complaints process and wait up to eight weeks for a final written response
• The NHOS covers developers registered with NHBC, Premier Guarantee, LABC Warranty, or the Home Builders Federation — check at nhos.org.uk before submitting
• The NHOS investigates service failures and conduct under the New Homes Quality Code; it does not assess construction quality against building regulations (that is NHBC’s role)
• The entire process is documentary — photographs, written communications, and a clear timeline are the foundation of every successful complaint
• You have 12 months from your developer’s final response (or from the expiry of the eight-week window) to submit to the NHOS — do not delay once you are eligible