Understanding Your Builder’s 1-Year Warranty Obligation
In most new-build homes, the builder offers a 1-year warranty to cover defects that emerge shortly after completion. This initial period, also known as the defects liability period, is designed to address minor issues such as snagging faults, poor finishes or minor functional defects. It’s a critical window during which the builder is expected to respond to any concerns and carry out remedial works as part of their contractual obligations.
It’s important to distinguish between superficial snagging issues and deeper structural problems. Cosmetic issues, like uneven plaster or sticky doors, are commonly fixed under the 1-year warranty. However, structural defects typically fall under a longer-term building warranty backed by an insurer. Some builders offer the 1-year warranty as part of their service commitment, while others are contractually bound to it, especially under new build schemes where legal protections apply.
Common Problems Homeowners Face During the First Year
| Issue Category | Description | Impact on Homeowners |
| Poor Workmanship, Leaks & Electrical Issues | Inconsistent heating, water ingress, uneven flooring, and electrical faults typically caused by subcontractor mistakes or weak quality control. | Disruption to daily life, potential safety hazards, and increased repair costs if not promptly resolved. |
| Delayed Repairs or Unreturned Communications | Builders may be unresponsive, miss appointments, or ignore defect lists. Promises may be vague or follow-up nonexistent. | Frustration, lack of resolution, and reduced trust in the builder or developer. |
| Disputes: ‘Wear and Tear’ vs. Defect | Builders may classify issues as normal settling or misuse rather than legitimate defects. These can fall into a grey area of warranty coverage. | Disagreements over responsibility, delays in repairs, and possible legal or mediation costs. |
Your Rights If a Builder Refuses to Act
Consumer Protection Under UK Law
Homeowners have rights under the Consumer Rights Act 2015, which ensures that any service provided (including construction work) must be carried out with reasonable care and skill. If a builder refuses to honour this, they may be in breach of contract.
Contractual Rights in New-Build and Self-Build Agreements
The sales contract or build agreement usually outlines the builder’s obligations. This may include timelines for responding to defect reports or repair obligations. If the builder fails to comply, the homeowner can pursue legal recourse based on the agreed terms.
When to Involve a Solicitor or Ombudsman
If informal communication fails, homeowners can seek advice from a solicitor experienced in construction disputes. Additionally, if the home was purchased through a developer participating in a redress scheme, the New Homes Ombudsman Service offers a route for complaint resolution.
Step-by-Step Guide to Resolving a Warranty Dispute
1. Submit a Formal Written Notice – Document the defects clearly and provide the builder with a formal written list of issues, dated and signed. Include photos where appropriate and request a timeline for repair.
2. Maintain a Paper Trail – Keep all correspondence, emails, text messages and written promises. If the builder responds verbally, follow up with an email to confirm the conversation in writing.
3. Use Mediation or Legal Intervention – If the builder fails to act, consider using a mediator or issuing a legal letter via a solicitor. Mediation services can help avoid court proceedings while still applying pressure on the builder to resolve the issue.
4. Claim via Your Structural Warranty Provider – If you hold a building warranty from a provider such as NHBC, LABC or Premier Guarantee, and your builder fails to address a qualifying defect, you may be able to make a claim directly. Most warranties include builder insolvency or non-compliance protection for certain periods.
Who Can Help When a Builder Won’t Cooperate
Homeowners have several external bodies they can approach for support. Trading Standards and Citizens Advice can offer legal guidance on how to proceed, especially where there’s clear non-compliance. If the property is eligible under the New Homes Ombudsman scheme, this provides a formal route for complaints resolution. In cases where building regulations or health and safety are compromised, the local council may also step in to investigate or issue enforcement notices.
Avoiding These Situations in Future Projects
Homeowners can reduce the risk of warranty disputes by carefully vetting builders before signing contracts. This includes checking insurance documentation, reading customer reviews and confirming membership of warranty-backed schemes. A professional snagging survey conducted before handover can highlight issues early, giving the builder time to correct them. Where possible, retain a portion of the final payment until defects are resolved, which can serve as leverage in negotiations.
Protecting Your Investment and Peace of Mind
When dealing with a builder who isn’t honouring their 1-year warranty, taking early action is crucial. Acting within the warranty window gives you a much stronger position, especially when backed by clear timelines and documented communications. Keeping a detailed paper trail including photos, emails, repair requests and formal notices ensures there’s no ambiguity when escalating the issue. By understanding your rights and how warranty protections work, you can avoid long delays, unnecessary costs and added frustration.
To avoid stress and uncertainty in future projects, speak to BuildSafe about arranging 1-year warranty cover and long-term building warranty protection for your home.
