New Homes Ombudsman 2025: How to Use Your Legal Rights When Developers Won’t Fix Defects (30-Day Rule Explained)

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Bought a new build and your developer’s gone radio silent on fixing obvious defects? You’re not alone. With around 400 calls monthly flooding the New Homes Ombudsman Service, it’s clear that many developers are failing to meet their basic obligations to homebuyers.

Here’s the good news: you have more legal rights than you think, and the New Homes Ombudsman 2025 system gives you serious leverage: if you know how to use it properly.

What Is the New Homes Ombudsman Service?

The New Homes Ombudsman Service launched in November 2022 as a free, independent arbitration service for new build homebuyers in England. Think of it as your legal backup when developers refuse to play ball with defect repairs.

Currently, it’s still a voluntary scheme (though that changes in September 2026 when membership becomes mandatory for all developers). This means not every developer is signed up: yet. But if your developer is a member, you’ve got access to compensation awards up to £75,000 for unresolved defects.

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The service covers any issues arising within two years of either reserving your property or completing purchase. After that two-year window closes, you’ll need to work directly with your warranty provider instead.

The 30-Day Rule: Your Developer’s Legal Obligation

Here’s where things get interesting. Under the New Homes Quality Code, developers must resolve defects and snagging issues within 30 calendar days of being reported: unless there’s a substantial reason for delay.

This isn’t a guideline. It’s a binding requirement.

So when your developer gives you the runaround about “we’ll get to it eventually” or “it’s on the list,” you can point them directly to this 30-day obligation. Document everything: emails, phone calls, photos of defects, and their responses (or lack thereof).

Real Example: How the 30-Day Rule Works

Let’s say you’ve spotted water damage in your utility room from poor plumbing installation. You report it to your developer on January 1st. They have until January 31st to either:

  • Fix the problem completely
  • Provide a clear timeline with substantial reasons for any delay
  • Arrange temporary solutions while permanent repairs are scheduled

If February 1st rolls around and you’re still looking at water damage, you’ve got grounds for an Ombudsman complaint.

When Developers Won’t Fix Defects: Your Step-by-Step Action Plan

Step 1: Document Everything Like Your Investment Depends on It

Before you even think about calling the Ombudsman, build an bulletproof case. This means:

  • Detailed photos of every defect (with timestamps)
  • Written records of all communications with the developer
  • Copies of your purchase contract and warranty documents
  • Professional snagging survey reports (more on this below)

Step 2: Give Your Developer the Official 30-Day Notice

Send a formal written notice listing all defects and referencing the 30-day requirement under the New Homes Quality Code. Use recorded delivery and keep copies. This creates an official paper trail.

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Step 3: Verify Your Developer’s Ombudsman Membership

Check if your developer is registered with the New Homes Ombudsman Service. You can’t file a complaint against non-members (though this becomes irrelevant once membership becomes mandatory in 2026).

Step 4: File Your Complaint

Contact the New Homes Ombudsman at 0330 808 4286 or email customer.services@nhos.org.uk. The service is completely free, and they typically handle around 70 active investigations at any time.

How Professional Snagging Surveys Strengthen Your Case

Here’s where many homebuyers make a critical mistake: they try to identify defects themselves or rely on the developer’s own final inspection.

A professional snagging survey from Snagit Ltd does three crucial things:

1. Creates Independent Evidence
When you eventually need to prove defects to the Ombudsman, having an independent professional’s assessment carries significantly more weight than your own photos and descriptions.

2. Identifies Hidden Issues
Professional surveyors know exactly where to look for problems you’d never spot: from inadequate fire seals to plumbing defects behind walls. Our surveys regularly uncover 140+ defects in a single property.

3. Demonstrates Due Diligence
The Ombudsman looks favourably on complainants who’ve taken reasonable steps to identify and document issues properly. A professional survey shows you’re serious about protecting your investment.

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The Ombudsman Investigation Process: What to Expect

Once you file your complaint, here’s how the process unfolds:

Initial Review: The Ombudsman verifies your complaint meets their criteria and that your developer is a member.

Developer Response: Your developer gets the chance to respond to your complaint and potentially offer a resolution.

Investigation: If no early resolution is reached, the Ombudsman conducts a full investigation, reviewing all evidence from both sides.

Draft Decision: You’ll receive a draft decision outlining their preliminary findings. Both you and the developer can comment on this draft.

Final Decision: The binding final decision is issued, which may include requirements for repairs, compensation, or both.

Potential Outcomes: What You Could Win

If your complaint is upheld, the Ombudsman has several enforcement powers:

  • Mandatory Repairs: Requiring the developer to fix all identified defects
  • Compensation: Up to £75,000 for costs, inconvenience, and distress
  • Formal Apologies: Where appropriate
  • Additional Actions: Any other remedies deemed reasonable and appropriate

This is a massive upgrade from older schemes. The previous Consumer Code for Home Builders only offered maximum awards of £15,000 (rising to £50,000 for homes reserved after January 1, 2024).

Common Defects That Qualify for Ombudsman Complaints

From our experience conducting thousands of snagging surveys, these issues frequently end up as Ombudsman cases:

  • Plumbing failures causing water damage
  • Inadequate insulation leading to condensation and mould
  • Faulty electrical installations creating safety hazards
  • Poor external sealing allowing water ingress
  • Defective flooring that warps or damages easily
  • HVAC system failures in new energy-efficient builds

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Why You Can’t Afford to Wait

Remember that two-year window? It’s not negotiable. Once that deadline passes, your route to the Ombudsman closes permanently, and you’re left dealing with warranty providers who often have more limited powers and compensation caps.

Many homebuyers think they have plenty of time to address defects, but legal cases and Ombudsman investigations can take months. Starting early protects your position.

The 2026 Game Changer

From September 2026, New Homes Ombudsman membership becomes mandatory for all housing developers. This means every new build buyer will have access to this protection automatically: no more checking if your developer is signed up.

The government has allocated £12 million for this expanded scheme, indicating they’re serious about giving homebuyers more protection against developer negligence.

Getting Professional Help: Why It Matters

While you can certainly file an Ombudsman complaint yourself, having professional documentation from the start puts you in the strongest possible position.

At Snagit Ltd, we’ve helped hundreds of homebuyers identify defects that developers initially claimed didn’t exist. Our detailed reports provide the independent evidence that makes Ombudsman cases much stronger.

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Your Next Steps

If your developer is stonewalling on defect repairs, don’t wait. Here’s what to do right now:

  1. Book a professional snagging survey to document all issues properly
  2. Send your developer formal written notice of defects with the 30-day deadline
  3. Start documenting everything from this point forward
  4. Check your developer’s Ombudsman membership status
  5. Keep all receipts for any costs incurred due to defects

Protect Your Investment Today

The New Homes Ombudsman 2025 gives you unprecedented power to hold developers accountable: but only if you know how to use it effectively. Don’t let developer delays and excuses cost you thousands in unrepaired defects.

Ready to build a bulletproof case against your developer? Contact Snagit Ltd today for a professional snagging survey that could save you from months of frustration and potentially recover thousands in compensation through the Ombudsman process.

Remember: your two-year window is ticking. Make it count.