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Defective Premises Act 1972, Section 1 - A duty on those who provide dwellings to ensure the work is done in a professional manner, with proper materials, so the dwelling is fit for habitation. Extended to 30 years for claims arising from the Building Safety Act 2022.
Building Safety Act 2022 - Introduced sweeping reforms for building safety, including retrospective liability for developers of defective buildings
Consumer Rights Act 2015, Part 1 - If you contract directly with a developer for a new build, the property must be of satisfactory quality (Section 9) and fit for purpose (Section 10)
Supply of Goods and Services Act 1982, Section 13 - Work must be carried out with reasonable care and skill (applies to builders and tradespeople)
Building Regulations 2010 - Minimum standards for construction; breach may give rise to civil claims
The most common warranty for new-build homes. It provides:
Years 1-2 (Builder Warranty Period): The builder must fix defects that breach NHBC standards. If they refuse, NHBC can intervene via its Resolution Service.
Years 3-10 (Insurance Period): NHBC covers physical damage caused by defects in specified structural elements (foundations, load-bearing walls, roof structure, etc.)
Claims must relate to defects that breach NHBC Technical Requirements (Standards Chapters 1-10)
Alternative warranty providers with similar structures. Always check the specific terms of your warranty, as coverage varies.
Warranties typically exclude cosmetic defects after year 2
Snagging items (minor defects) should be reported as early as possible, ideally before or at completion
The warranty does not replace your legal rights against the developer
Photograph and video all defects with dates
Keep a written log of when defects appeared and any impact on habitability
Obtain independent reports (structural engineer, damp specialist, surveyor) where needed
Write formally to the developer (or builder), listing each defect and referencing:
Your warranty obligations (e.g., NHBC Standards)
Consumer Rights Act 2015 (if you bought directly from the developer)
Defective Premises Act 1972, Section 1
A reasonable deadline for response (typically 14-28 days)
If the developer does not resolve the issues within the builder warranty period:
Submit a formal claim to your warranty provider (e.g., NHBC Resolution Service)
Provide your evidence pack including independent reports
The warranty provider will assess and may instruct their own inspection
The New Homes Quality Board operates a code of practice and an ombudsman service for new-build complaints. If your developer is a registered member, you can escalate unresolved complaints to this free service.
If other routes fail:
Letter Before Action referencing the Pre-Action Protocol for Construction and Engineering Disputes
County Court or Technology and Construction Court (TCC) depending on claim value and complexity
Claims under the Defective Premises Act 1972 now have a 30-year limitation period (thanks to the Building Safety Act 2022, Section 135) for dwellings completed after 28 June 1992 You do not need to use the warranty before suing the developer - These are separate legal rights
Limitation periods vary: 6 years for breach of contract (Limitation Act 1980, Section 5), 6 years for negligence (or 3 years from date of knowledge under Section 14A), and now up to 30 years under the Defective Premises Act 1972 as amended
Consequential losses are claimable - Including alternative accommodation costs, loss of rental income, and diminution in value
Building control sign-off does not mean no defects exist - A completion certificate does not prevent a claim
Shared owners and leaseholders also have rights under the Building Safety Act 2022
Housing
Property Defects & Warranties
Overview
Buying a property - especially a new build - can come with unexpected defects. From minor snagging issues to serious structural problems, UK homeowners have a range of legal remedies available. This guide covers new-build warranty claims, developer liability, and enforcement options for defective properties.
Key Legislation and Protections
New-Build Warranty Schemes
NHBC Buildmark
The most common warranty for new-build homes. It provides:
LABC Warranty / Premier Guarantee / ICW
Alternative warranty providers with similar structures. Always check the specific terms of your warranty, as coverage varies.
Important Warranty Limitations
Step-by-Step: Pursuing a Property Defect Claim
Step 1: Document Everything
Step 2: Report to the Developer
Write formally to the developer (or builder), listing each defect and referencing:
Step 3: Escalate to Your Warranty Provider
If the developer does not resolve the issues within the builder warranty period:
Step 4: Use the New Homes Ombudsman
The New Homes Quality Board operates a code of practice and an ombudsman service for new-build complaints. If your developer is a registered member, you can escalate unresolved complaints to this free service.
Step 5: Consider Legal Action
If other routes fail:
Key Points
EvenStance Can Help
EvenStance can generate your formal complaint to the developer, prepare your warranty claim submission, draft a Letter Before Action compliant with the construction pre-action protocol, and help you track all deadlines throughout the process.
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