Canterbury & Kent
New-Build Defect Claims in Kent, November 2026: Complaints to the New Homes Ombudsman Triple and Why Expert Witness Surveyor Evidence Now Decides Them
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Formal complaints to the New Homes Ombudsman Service rose from 593 to 1,802 in a single year, an increase of 204 per cent [1]. Behind that figure sits a quieter change in how new-build disputes are won. Developers rarely concede on the strength of a homeowner’s photographs. They concede, or are ordered to pay, when an independent surveyor’s report sets out what is wrong, why it is wrong and what it will take to put right. For buyers across Kent’s growth areas, from Ebbsfleet and Ashford to Maidstone, Canterbury and Thanet, a new build defects expert witness surveyor Kent instruction has become the deciding step in most contested claims.
Key Takeaways
- Complaints to the New Homes Ombudsman Service more than tripled in 2025/26, and 82 per cent of decisions went in the homeowner’s favour, up from 78 per cent [1].
- The scheme is voluntary and only covers homes reserved after the developer registered, so about a third of new homes sold still fall outside it [1].
- A snagging report, a defect report and a CPR Part 35 expert report are three different documents with three different jobs.
- Independent surveyor evidence is used at the Ombudsman, in warranty claims and in County Court or Technology and Construction Court proceedings.
- From 30 November 2026 the fifth edition of the RICS standard on surveyors acting as expert witnesses applies to every chartered surveyor giving expert evidence.
What the 2025/26 New Homes Ombudsman figures show
The New Homes Ombudsman Service annual report for 2025/26, as reported by Letting Agent Today on 7 September 2026, records a sharp rise in every measure of activity [1]:
Defects and snagging were the most common issues, ranging from cosmetic flaws such as poor plastering to serious safety-related failures, including missing cavity wall insulation and incorrectly installed fire safety equipment [1].
One case stands out for surveyors. A homeowner was awarded £6,158, including £3,000 for distress and inconvenience and the reimbursement of independent survey costs, together with remedial works for persistent damp, mould and structural problems [1]. The survey became a recoverable cost and the basis of the remedy.
“A consistent pattern across NHOS casework is that relatively manageable problems can develop into prolonged and entrenched” disputes, the Ombudsman noted, pointing to slow developer responses, poor communication and delays in fixing defects [1].
One limit matters for Kent buyers. The scheme is voluntary, and a home is only covered if it was reserved after the developer registered. Registered developers grew by 26 per cent and the scheme now covers over 65 per cent of new UK homes sold, leaving about a third outside its remit [1].
Why Kent is seeing more new-build disputes
Kent has absorbed a large share of the South East’s new housing over the past decade. Ebbsfleet Garden City, the growth around Ashford and Maidstone, and the estates spreading across Thanet and the Canterbury district have all been built at pace. Volume building on tight programmes tends to produce the recurring problems the Ombudsman lists: unfinished plasterwork, poorly fitted windows and doors, drainage faults, missing insulation and incomplete fire-stopping. Much of east Kent also sits on shrinkable clay, so early cracking raises a causation question, shrinkage or movement, that a developer will contest and that cannot be answered from the kerb.
Three reports, three jobs: snagging, defect and expert witness
Homeowners often use these terms interchangeably. Developers, warranty providers and judges do not.
Snagging report. A pre-completion or early-occupation inspection that lists finishing faults and incomplete work with photographs. It is a practical tool for getting the developer to finish the job during the defects period. It is not written to prove liability and rarely explains cause.
Defect report. The surveyor inspects a specific problem, such as damp penetration, a cracked lintel or a failed roof detail, identifies the probable cause and recommends the remedial work. It is addressed to the client and is the document most owners send when a complaint stalls.
CPR Part 35 expert witness report. Written for the court or tribunal, not the client. Under rule 35.3 the expert’s overriding duty is to the court, and that duty overrides any obligation to the person instructing or paying them [2]. Practice Direction 35 paragraph 3 sets out what the report must contain: qualifications, the material relied on, the facts and assumptions, the range of opinion where one exists, a summary of conclusions and a statement that the expert understands and has complied with their duty to the court, closed with a statement of truth [2].
A defect report can be dismissed as advocacy. A compliant Part 35 report cannot, because the expert has certified that it is their independent opinion.
How a new build defects expert witness surveyor in Kent builds the evidence
An expert inspection is more intrusive and more structured than a snagging visit. In a typical instruction the surveyor will:
- Review the contract, warranty policy, approved drawings and Building Regulations completion evidence.
- Inspect the defect, recording moisture readings, crack widths and levels, and use a borescope or thermal imaging to check for missing insulation and fire-stopping, two of the most common serious failures the Ombudsman reported [1].
- Compare what was built against the warranty provider’s technical requirements, the approved details and the Building Regulations in force at the time.
- Explain the mechanism of failure in plain language and set out a schedule of remedial works with a reasoned cost estimate so the loss can be quantified.
The report must also engage with the other side’s case. Where the developer’s surveyor takes a different view, rule 35.12 allows the court to direct the experts to discuss the issues and produce a joint statement of what is agreed and what is not [2]. In lower-value claims the court may appoint a single joint expert under rule 35.7, instructed by both parties [2].
Where new build defects expert witness surveyor Kent evidence is used
At the New Homes Ombudsman
The New Homes Ombudsman Service is an informal scheme and does not apply the Civil Procedure Rules [3]. Even so, the 2025/26 figures show why independent evidence matters there. Decisions in the homeowner’s favour rose to 82 per cent, and in the published example the cost of the independent survey was reimbursed as part of the award [1]. A dated inspection report turns a complaint about “damp in the bedroom” into a finding about a specific construction failure.
In warranty claims
Most new homes carry a ten-year structural warranty. For the first two years the developer is usually responsible for defects, and the warranty provider covers structural problems from year three to year ten. Providers decide claims on their own technical requirements and often send their own surveyor, so an owner holding an independent defect report that can be converted into expert evidence is in a far stronger position than one relying on photographs.
In the County Court and the Technology and Construction Court
Where the Ombudsman and warranty routes fail, the claim is a legal one. Section 1 of the Defective Premises Act 1972 imposes a duty on anyone taking on work in connection with the provision of a dwelling to see that the work is done in a workmanlike or professional manner, with proper materials, so that the dwelling is fit for habitation when completed [4]. The Building Safety Act 2022 extended the limitation period for these claims to 15 years for dwellings completed after June 2022 and 30 years retrospectively for earlier homes. Contract claims and Consumer Code complaints run alongside.
Before issuing proceedings the parties are expected to follow the Pre-Action Protocol for Construction and Engineering Disputes, with a letter of claim, a response and a without-prejudice meeting. The expert’s report is normally the core of the letter of claim. Once proceedings start, expert evidence can only be relied on with the court’s permission under rule 35.4, and the court controls the number of experts and the issues they address [2].
The RICS expert witness standard changes on 30 November 2026
The fifth edition of the RICS professional standard “Surveyors acting as expert witnesses”, published in July 2026, takes effect on 30 November 2026 [5]. From that date every chartered surveyor acting as an expert in a new-build defect claim must comply with it. The standard reinforces the duties already in Part 35: independence, a clear statement of instructions, disclosure of any conflict, and an opinion confined to the expert’s own competence.
When instructing an expert, ask whether they have given evidence before, what accreditation they hold and whether they will confirm in writing that the report will comply with Part 35 and the RICS standard. A report that strays into advocacy risks being given little weight.
Canterbury Surveyors provides new-build defect inspections and CPR Part 35 expert witness reports across Kent, including Canterbury, Ashford, Maidstone, Ebbsfleet and Thanet.
FAQ
Does a snagging report count as expert evidence?
No. Expert evidence must comply with CPR Part 35 and Practice Direction 35, including the expert’s duty to the court and a statement of truth [2].
Can the cost of an independent survey be recovered?
In the example published in the 2025/26 Ombudsman report the independent survey costs were reimbursed as part of the award [1]. In court, expert fees are normally dealt with as costs at the end of the case.
What if my developer is not registered with the Ombudsman?
About a third of new homes sold fall outside the scheme [1]. Those owners rely on the warranty, the Consumer Code, and claims in contract or under the Defective Premises Act 1972 [4].
Conclusion
The tripling of complaints to the New Homes Ombudsman Service, and the rise in decisions favouring homeowners, confirms what surveyors in Kent have seen on site for several years: new-build quality disputes are increasing, and they are being decided on evidence rather than argument. The difference between a frustrated complaint and a successful claim is usually an independent report that identifies the defect, explains its cause and sets out the remedy. With the fifth edition of the RICS expert witness standard taking effect on 30 November 2026, that evidence will be held to a higher standard than ever. Homeowners in Ebbsfleet, Ashford, Maidstone, Canterbury and Thanet who suspect a defect should report it to the developer in writing, keep a dated log, check their Ombudsman and warranty cover, and instruct an independent surveyor before repairs disturb the evidence, taking legal advice on limitation well before any deadline.
This article is general information, not legal advice. Owners facing a new-build defect claim should take advice from a solicitor and an RICS-regulated surveyor on their specific circumstances.
References
- Massive Rise in Number of Complaints About Faulty New Builds. lettingagenttoday.co.uk.
- Part35. justice.gov.uk.
- nhos.org.uk.
- Ukpga. legislation.gov.uk.
- Surveyors Acting as Expert Witnesses. rics.org.
Related services from Canterbury Surveyors
- Building expert witness surveyors
- Structural engineers in Canterbury & Kent
- CCTV drain surveys
- New-build snagging surveys
Get a fixed-fee quote or call 0204 579 8270.