NHBC – No Enforceable Arbitration Agreement

The NHBC or National House-Building Council seeks to raise standards in the home building industry to protect UK homeowners. There are roughly 20,500 registered builders who commit themselves to building homes in accordance with the NHBC standards of construction. The NHBC's warranty and insurance policy, referred to as the Buildmark Scheme, protect over 30% of existing homes in the UK.

In a recent case involving a home with the benefit of the NHBC Buildmark Scheme, the TCC considered whether an arbitrator had been properly appointed in a dispute between a construction company and home owners. The developer argued that the NHBC dispute procedure within the Buildmark Scheme was not clear enough to be a binding arbitration agreement under the Arbitration Act 1996.