What is the ICW Consumer Code for New Homes Scheme?

We provide independent adjudication for disputes relating to the ICW Consumer Code for New Homes.

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 ICW Consumer Code for New Homes only. The adjudication will be independent and conducted by a trained independent 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. 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.

A copy of the ICW Consumer Code for New Homes is accessible here

The steps you must take before submitting a complaint

Step 1.

Raise your concerns directly with the ICW Insured Developer.

Step 2.

If your complaint is not resolved to your satisfaction by the developer and within six months of receiving that correspondence, you will need to contact ICW directly. ICW will then confirm whether or not your home is covered by the Code and confirm the area of complaint is within scope of the Code. ICW will also check to see if you have followed the Code’s complaints process ahead of you making an application to CEDR.

Step 3.

Once you have received a deadlock letter/ referral notice from ICW and within 30 calendar days, you can make an application to CEDR for independent adjudication. CEDR will assess the dispute and an independent adjudicator will issue a final decision. You are free to either accept or reject this final decision as it appears. If you accept the decision, the developer will need to comply within a specified timeframe.

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