Ark Insurance Group
The Code for New Homes
Managed independently by Centre for Effective Dispute Resolution.
This Scheme uses Adjudication.
Adjudication is a process by which an adjudicator, who is legally qualified or with a specialism relevant to the dispute, weighs up the documents and evidence provided by the customer and the company in order to reach a decision. The adjudicator will take into account the law relevant to the subject matter of the dispute at hand. The adjudicator’s decision is binding upon both parties* if the customer chooses to accept it. If the customer chooses not to accept the decision, it will have no binding effect on either party.
The scheme is independent of the developer and the warranty bodies and any matter referred to this scheme concerns disputes under The Code for Residential New Homes. The adjudication will be independent and conducted by a trained adjudicator who must be a member of CEDR. The scheme is applicable to complaints made within the first two years from completion of the New Home, in the event that a dispute arises between the buyer and the developer where agreement cannot be reached within 56 calendar days of the complaint being raised with the developer. The scheme has a maximum award of £50,000. Decisions reached under the scheme are not insured under the Structural Warranty.
The Adjudicator’s Proposed Decision sets out what they are minded to decide before it becomes final and allows both you and the Home Builder to comment one final time. This is only however for you and the Home Builder to clarify any points which you believe the Adjudicator may have misunderstood. You will not be able to introduce any new complaints at this stage. If you require an extension on the comments, this can be request and the adjudicator will decide whether or not to grant you an extension. Please note that any comments made by you and the Home Builder at this stage will be shared between all parties.
Purchasing a new home is a significant expense for most consumers and there are many different factors which purchasers consider including location, design and suitability as well as price and reputation of the developer.
The Code has been developed by Ark Insurance Group to ensure that best practice is followed by Developers (as defined in The Code) in respect of the marketing, selling and purchasing of new homes and to set expected standards for after sales customer care service. The Code outlines a complaints procedure that must be followed should a customer register a complaint against a Developer.
Dispute Resolution: One of the fundamental aspects of The Code for New Homes is providing consumers with access to a low-cost and effective dispute resolution scheme in the event that a dispute arises between a Buyer and a registered Developer. This can help to avoid costly and protracted legal action.
If you want to complain about CEDR please read our Complaints Procedure document. Once you have read the Complaints Procedure and you want to submit your complaint, please use our Complaints Form, which you can download below.
Raise your concerns directly with the developer.
If your complaint is not resolved to your satisfaction by the developer you may submit an application to CEDR for adjudication.
CEDR will adjudicate the dispute and an adjudicator will issue a final decision. You are free to either accept or reject this decision.