The developer must make sure that the developer (and seller, if different from the developer) has the necessary finances or insurance cover to provide reasonable protection against insolvency and can meet its obligations under this code, including repaying deposits when these become due and any financial awards made by the Ombudsman.

Nothing in this code affects any other rights the customer has by law and does not replace any legislation that applies to the new home. Customers do not have to make a complaint to the New Homes Ombudsman Service if they are not satisfied with a matter that is covered by the code. They may decide to take other action, such as through the civil courts or other ombudsman or regulator.