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General
ABC+ Warranty Consumer Code for New Homes
Ark Insurance Group
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Benenden Health
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Consumer Code for Home Builders Independent Dispute Resolution
Consumer Code for New Homes
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Frequently asked questions
Useful documentation
How we can help you make a complaint
How we can help you make a complaint
What does the Scheme apply to?
The scheme applies to complaints within the first two years from the start date of the home warranty cover and has a maximum award of £15,000 (4th Edition of the Code). Please note that under the 5th Edition of the Code, the maximum amount that can be claimed has risen to £50,000 for homes reserved after 1 January 2024. An Independent Adjudicator may also make a discretionary award for inconvenience up to a maximum of £2,000. The £50,000 maximum award includes any award for inconvenience.
Things to note
- If you accept the Decision, the Home Builder must act on it within 20 working days.
- If you reject the Decision the Home Builder does not need to act on it. This does not affect your legal rights. You will still be able to take your complaint to court.
Things we cannot assist with (not covered by the Code)
- second-hand properties (for example, properties taken by Home Builders in part exchange and re-sold);
- properties acquired by registered social landlords for rent;
- properties acquired by corporate bodies, partnerships and individuals buying more than one property on the same development for investment purposes;
- properties built by self-builders for their own occupation;
- properties assigned or sub-sold by an investor to a third person before Legal Completion;
- personal injury claims;
- loss of property value or blight;
- claims about the land conveyed and its registered title;
- claims that exceed the Scheme’s monetary limits.
How do I apply to use the Consumer Code for Home Builders’ Independent Dispute Resolution Scheme?
To apply to use the Scheme, a Home Buyer must send CEDR a completed Application Form (available on this page). The Home Buyer must have been provided with a Reference Number that is to be obtained from the Home Warranty Body for your property (details of which can usually be found on your Reservation agreement).
Please note that you may bring the claim to the Consumer Code for Home Builders’ Independent Dispute Resolution Scheme only after 56 calendar days have passed from the date of the original complaint, and no later than 12 months after the date of the Home Builder’s final response.
Useful information
Please note that we can only accept applications in English and the process is conducted in English only.
The process is conducted entirely in writing and all parties to a dispute will see all the evidence submitted by the other.
Cases must be completed within 90 days of the complete case file being received, as required by UK legislation. However, the average time taken to complete the process is generally considerably quicker. The parties will be notified once the complete case file is received by the adjudicator and the ADR procedure has commenced. For complex cases, they may take slightly longer than 90 days.
You are able to withdraw your application after you have registered your case with CEDR. However, once a decision has been issued, you are only able to accept or reject the decision.
The adjudicator will produce a written decision, which will be sent to you and the company. The adjudicator’s decision will outline to both parties details of how the outcome was reached.
If you decide that you do not agree with the adjudicator’s Final Decision, you are free to reject it and pursue your claim elsewhere if you wish. In this case, the adjudicator’s decision will not be binding on the company. Please note that the adjudication may be different from an outcome determined by a court applying strict legal rules and principles.
Consumers do not have to obtain independent advice or representation to access the service.
About the Code
About the Code
What does the Code do?
The Consumer Code for Home Builders (“the Code”), applies to all Home Builders registered with the UK’s main new Home Warranty Bodies: NHBC; Premier Guarantee; LABC Warranty and Checkmate and consists of 19 Requirements and principles that Home Builders must meet in their marketing and selling of Homes and their after-sales customer service.
The Code is designed to improve the new home buying experience for customers by:
- Setting and monitoring customer service standards
- Educating and guiding builders and other stakeholders
- Working with Warranty Bodies to cover defects
Providing a fair and independent dispute resolution service if things go wrong.
What's in the Code?
The Code contains requirements that all home builders who are registered with the UK’s main new home warranty providers must comply with;
Until the Consumer Code was introduced, a home buyer who felt that they had a claim against their builder, as a result of their builder’s action or inaction, would have to have taken a case to court if the matter was not covered by their Home Warranty scheme.
Under the Consumer Code, not only are the builder’s responsibilities more clearly laid out, there is also a low-cost, speedy, independent dispute resolution scheme that will determine a builder’s responsibilities, without the customer having to take to legal action.
Guidance
Guidance
I have a complaint with a Home Builder but they say I cannot use the Consumer Code for Home Builders’ Independent Dispute Resolution Scheme. Why is this?
If your complaint is about one of the following matters, the Consumer Code for Home Builders’ Independent Dispute Resolution Scheme cannot deal with it:
- second-hand properties (for example, homes taken by Home Builders in part exchange and re-sold;
- properties acquired by registered social landlords for rent;
- properties acquired by corporate bodies, partnerships and individuals buying more than one property on the same development for investment purposes;
- properties built by self-builders for their own occupation;
- Homes assigned or sub-sold by an investor to a third party before Legal Completion;
- personal injury claims;
- loss of property value or blight;
- claims about the land conveyed and its registered title;
- ‘snagging’ issues identified after completion;
- claims that exceed the Independent Dispute Resolution Scheme limits.
What can the Consumer Code for Home Builders Independent Dispute Resolution Scheme make the Home Builder do?
If the Adjudicator agrees with your complaint, they can tell the Home Builder to do any, or all, of the following:
- Give you an apology or an explanation;
- Take some practical action that will put right the matters complained of;
- Pay you up to £15,000 (including VAT) for the cost of putting right the Home Builder’s breach(es) of the Code or for the reasonable expenses you incurred as a result of the Home Builder not complying with the Code;
- Pay you up to £500 only for the inconvenience caused by the Home Builder’s breach or breaches of the Code.
The process
The process
Do I need a solicitor or legal representation?
You do not need a solicitor but you can choose to instruct one if you want. Please note that the process for the Consumer Code for Home Builders’ Independent Dispute Resolution Scheme has been deliberately designed to be simple, swift and straightforward and you will not therefore get your costs incurred for using a solicitor reimbursed under any circumstances.
Will there be a hearing that I will be required to attend?
No, the Adjudicator will carry out their assessment of your case only on the basis of the written and/or photographic evidence provided by you and the Home Builder. This is why it is very important to provide all of the documents that you wish to rely upon with your application.
Can I speak with the adjudicator assigned my case?
No, the Independent Adjudicator does not speak to either party at any stage of the process. This is to ensure they remain impartial and independent. Speaking to an adjudicator is not possible, even if certain adjustments are required as this is not part of the process.
If they need further information from either party, this will be done through the Enquiries & Administration Team.
Making a decision
Making a decision
Who makes the decision on my complaint?
The decision will be made by a trained Adjudicator with experience in dealing with the types of complaint covered by the Consumer Code for Home Builders Independent Dispute Resolution Scheme. The Adjudicator will also possess relevant legal knowledge (particularly relating to consumer matters).
How does the Adjudicator decide on how much money to award for putting right the breaches of the Code?
The Adjudicator will take account of how much you have claimed, all of the circumstances you and the Home Builder have described in the evidence you both provided, and the evidence submitted.
When considering whether to award money for any inconvenience you may have suffered as a result of a breach of the Code, the Adjudicator will take account of the following:
- How much you have claimed in your application;
- The severity and effects of the breach or breaches of the Code;
- What the Home Builder says about your claim and how they have behaved towards you.
Please note that any amounts awarded must be in proportion to all the circumstances of the case and you may not receive an award for inconvenience alone if no breach of the Code Requirements has been found. Awards are judged as a matter of fact and on the resulting financial loss.
What is the Proposed Decision?
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.
Will the Adjudicator change their mind in the final decision?
Any comments that you and/or Home Builder have on the Proposed Decision will be forwarded to the Adjudicator, who may or may not take such comments into account. The Adjudicator has the power to make any amendments they consider appropriate to the Proposed Decision before finalising it as the Decision, which is usually sent within five working days of receipt of the comments.
What happens when I receive the final decision?
You will have time to review the Final Decision and let us know whether you accept or reject the Adjudicator’s final decision. If you do not tell us within six weeks, the Home Builder will not be obliged to take action in line with the decision, but you can still take the matter to court. Please note that decisions can only be accepted or rejected as they appear. You cannot accept the decision but continue to dispute the amount awarded. If you reject the decision, the case will automatically close and you are free to take the matter to another forum.
If I agree with the decision, when will the Home Builder take the necessary action?
The Home Builder must act on the decision within 20 working days from the date of acceptance. If they require longer than 20 working days to comply, the Home Builder should inform the Home Buyer prior to the expiration of the 20 working days.
What if I have a complaint about the Adjudicator’s decision? Can I appeal?
No, you cannot appeal the decision under any circumstances. The Adjudicator’s final decision can only be accepted or rejected by the Home Buyer. It cannot be appealed or amended.
If you are dissatisfied with the Adjudicator’s decision, you are free to reject it and pursue redress against the Home Builder through alternative means, such as the courts.
About the Home Builder
About the Home Builder
What if the Home Builder and I decide to settle my complaint?
You and the Home Builder can settle the dispute between yourselves at any time before the matter comes to CEDR for independent adjudication. If you decide to do this, you and the Home Builder must negotiate a settlement with each other directly and not through the Consumer Code for Home Builders Independent Dispute Resolution Scheme. If you do negotiate a settlement, we need the Home Builder to let us know in writing, and we will contact you to make sure that the complaint has been settled. The Home Builder may settle claim upon receipt of the Application Form and will have to notify us of this in writing so we can proceed to close the matter as settled.
What if the Home Builder gives me everything I asked for?
The Home Builder must tell us that they have done this. If you also tell us that they have done this, we will close the case as settled.
What happens if the Home Builder doesn’t comply with the adjudication?
Please contact us and we will follow up with the Home Builder regarding non-compliance. Please note that as we are not an enforcement body we can only refer instances of non-compliance to the Secretariat of the Consumer Code for Home Builders.
What happens if the Home Builder is now registered with the New Homes Quality Board and covered by the New Homes Ombudsman Service?
If you have reserved a new home with a developer or home builder who has registered with the New Homes Quality Board, then your home is protected by the New Homes Quality Code. This is the case if you have reserved your new home after their registration date. For an active list of developers and home builders, you can access this via the New Homes Quality Board website
Complaints about CEDR
Complaints about CEDR
What if I have a complaint about CEDR?
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 Complaint Form below. If you require the Complaint Form in another format, please contact the team. Please be aware that we cannot deal with any complaint about the Scheme Rules, process or adjudicator’s final decision.
The steps you must take before submitting a complaint
Contact the Home Warranty Body
Proposed Decision
Accept or reject the Final Decision
Are you a business?
CEDR can provide dispute resolution services for business in most sectors.
- Fast, and cost effective solutions
- Provided at a sustainable cost