Ombudsman Schemes

An Ombudsman scheme is intended to be a free, fair and impartial mechanism through which disputes between consumers and businesses can be settled.  A building ombudsman in the UK investigate complaints made against builders and other property professionals. In some cases, the schemes provide a valuable alternative to Court proceedings. The type of building ombudsman relevant to your issue depends on the nature of your complaint and the circumstances in which it arose.

For example, if your complaint relates to a newly built home, the relevant building ombudsman in the UK is the New Homes Ombudsman. If you have an issue with a property agent, such as an estate agent, letting agent or management agent, the relevant building ombudsman in the UK is the Property Ombudsman.

For a confidential free discussion, call us today on 01908 414990,  alternatively email us at Hello@altion-law.co.uk or complete our Free Enquiry Form and we will call you back.

 

Is it free to use Building Ombudsman in the UK?

A building ombudsman scheme in the UK is free for consumers, but not builders, who must pay to join the scheme.

When can you use a Building Ombudsman in the UK?

You can only use the Ombudsman schemes if you have used the organisation’s internal complaints service first and have not managed to resolve the issue.

Time limits may apply to your complaint. For example, in cases involving the Property Ombudsman, you generally have 12 months from receipt of the organisation’s final response to submit your complaint. If it’s been longer than eight weeks since you made your complaint to the organisation directly, and you and the other party can’t agree on what to do, you can ask the Property Ombudsman to step in and decide the issue for you.

A building ombudsman in the UK only has power over those property professionals who are members of the scheme. There are several benefits to joining a scheme. They include gaining an edge over competitors by reassuring consumers that they have an avenue though which to pursue complaints, and potentially avoiding time consuming, costly litigation. Some professionals are obliged to join a redress scheme, including estate agents who deal with residential properties in the UK.

How does a Building Ombudsman in the UK work?

You begin by lodging your complaint and any supporting evidence with the relevant building ombudsman. The builder or other property professional then lodges their response along with any evidence they wish to rely on.

A building ombudsman looks at the papers supplied to them and makes a recommendation or ruling.

What types of rulings can a building ombudsman in the UK make?

The types of rulings an ombudsman can make depend on the scheme used.

For example, if the Property Ombudsman upholds your complaint, they might force the professional to formally apologise to you and pay compensation. Whilst the Property Ombudsman has the power to order compensation of up to £25,000, awards of that amount are rare. Most awards are far more modest; the average amount of compensation awarded in 2022 was around £500. Accordingly, if the losses you have sustained as a result of the professional’s actions are significantly greater than £25,000, pursuing the matter through the Property Ombudsman might not be the most appropriate course of action. Other forms of dispute resolution, such as mediation or litigation, might be more suitable.

Is the decision of a Building Ombudsman in the UK binding?

If you disagree with the finding of a building ombudsman, you are not bound by it. You are free to pursue other courses of action, including litigation, should you wish to.

If, on the other hand, you accept the ombudsman’s decision, it is likely to be considered to be in full and final settlement of the matter. It will be binding on the professional against whom it is made, and you are unlikely to be able to pursue the same complaint through alternative means, such as Court proceedings.

You must, therefore, give careful thought to the route through which you wish to pursue your dispute. Whilst making a complaint through a building ombudsman in the UK is invariably cheaper and less stressful than most other dispute resolution methods, the relief you will likely be granted by the ombudsman if successful can be somewhat limited. If your dispute is particularly complex, involves complicated legal principles such as professional negligence, or damages are likely to be significant, a building ombudsman is unlikely to be the appropriate forum. Further, if the professional in question is not a member of a building ombudsman scheme, you may have no choice but to pursue them through litigation or other methods of dispute resolution.

Where clients are looking for one off initial guidance to understand what steps to take  in relation to a dispute we usually recommend a fixed fee consultation in the first instance. The fixed fee allows you to understand how complex a dispute you may have, and the potential costs of any future legal action, as well as what steps you may be able to undertake yourself, before you commit yourself to any additional legal costs or actions.

For a confidential free discussion, call us today on 01908 414990,  alternatively email us at Hello@altion-law.co.uk or complete our Free Enquiry Form and we will call you back.