Building warranties are an essential component of modern construction and property transactions, particularly in the new-build and conversion sectors. Designed to provide protection against structural defects and latent issues, a building warranty offers peace of mind to homeowners, developers and lenders alike. However, many buyers are unclear about what is and isn’t included, especially when it comes to poor workmanship so it’s important to know the legal landscape in the UK and how to make a claim should a problem arise.
What Does a Building Warranty Typically Cover?
Structural Defects
A standard building warranty covers structural issues that arise from faults in design, materials or workmanship that compromise the integrity of a property. This includes foundations, load-bearing walls, roofs, floors and other core components that are essential to the building’s stability and safety.
Non-Structural Defects
Some warranties also include cover for non-structural defects during the initial period, usually the first two years after completion. These can include issues with doors, windows, plasterwork, pipework and tiling, provided they result from a failure to meet the required standards at the time of construction.
Coverage Timeline and Phases
Building warranties typically last for 10 years. The first 2 years often cover a wider range of minor issues, with the developer usually responsible for repairs. From years 3 to 10, the warranty provider typically covers major structural defects only. The specific terms depend on the provider, so it’s vital to check what is included in both phases of cover.
Does It Cover Poor Workmanship?
The answer is; sometimes but not always. Whether poor workmanship is covered under a building warranty depends on the nature of the defect, when it appeared and the specific terms of your warranty agreement.
Examples of Poor Workmanship
Poor workmanship might include things like:
- Uneven or cracked plastering
- Loose roof tiles not properly fixed
- Doors that don’t close due to misalignment
- Incomplete or faulty installations (e.g. poorly sealed windows)
These kinds of defects can vary widely in severity and consequence. Some may be cosmetic nuisances, while others could signal or lead to more serious structural issues.
When Poor Workmanship Is Covered
In the first two years of a new build warranty, poor workmanship is more likely to be covered, especially if it affects the function or safety of the property. During this period, the builder or developer is generally responsible for correcting these defects.
If poor workmanship leads to a structural problem such as incorrect installation of roof trusses leading to sagging or collapse, this may be covered under the structural warranty even beyond year two, because it causes a material failure that impacts the integrity of the home.
Exclusions to Be Aware Of
Warranties typically exclude:
- Cosmetic defects that do not affect the structure or performance of the home
- General wear and tear
- Issues arising from neglect, misuse or lack of maintenance by the homeowner
- Problems caused by unauthorised alterations after handover
It is absolutely imperative to read your warranty’s exclusions section to understand exactly what you are, and are not, protected against.
Legal and Regional Differences
Differences by Country
In the UK, building warranty regulations and expectations are fairly standardised, though terms can vary slightly between England, Wales, Scotland, and Northern Ireland. All UK regions recognise warranties from providers approved by the Council of Mortgage Lenders (now part of UK Finance).
In contrast, other countries such as Australia or Canada have different statutory schemes, with varying levels of consumer protection. Always ensure your policy meets UK-specific regulatory and lender requirements.
If you are purchasing a property in one UK country while residing in another, such as living in England and buying in Wales or Northern Ireland, it’s important to confirm that the warranty you are securing is valid in that region. This can be done by checking that the provider is UK Finance-approved and asking whether the warranty terms meet the specific regulations of the region where the property is located. You can also consult the warranty provider or local building control authority to ensure your cover is legally recognised and compliant.
Builder Responsibilities vs Warranty Provider
In the early stages of the warranty period (typically the first 2 years), the builder or developer is the first port of call for resolving workmanship issues. After that, responsibility generally transfers to the warranty provider, who may limit their cover to only structural matters.
If the builder becomes insolvent during the coverage period, some policies offer protection for defects they would have otherwise been required to fix. This is particularly relevant for incomplete developments or post-completion issues.
How to File a Warranty Claim
Step-by-Step Process
- Identify and document the defect as soon as it appears.
- Review your warranty document to check whether the issue is likely covered.
- Contact the builder (if within the developer liability period).
- If the builder is unresponsive or the issue occurs beyond year two, contact your warranty provider.
- Complete the provider’s claim form and supply necessary evidence.
- Allow for inspection and await a decision on cover and repairs.
Documentation Required
To support your claim, you’ll typically need:
- A copy of your building warranty certificate
- Photographs or videos showing the defect
- Dates when the problem was noticed
- Any correspondence with the builder or contractor
- Reports from independent surveyors (if applicable)
Keeping all paperwork organised and accessible makes the process smoother and more efficient. Remember; too much information is better than too little.
Common Pitfalls to Avoid
- Missing key deadlines for notification of defects
- Making alterations to the affected area before inspection
- Failing to maintain the property as per warranty terms
- Assuming all defects are covered without checking the policy wording
Being proactive and informed can make all the difference when resolving an issue under your building warranty.
Key Takeaways
A building warranty is designed to cover structural defects and in some cases, poor workmanship, particularly in the early years of the policy. However, cosmetic issues and general wear are typically excluded unless they lead to significant failure.
Knowing the difference between what is covered by your warranty and what falls under routine homeowner maintenance helps set realistic expectations and prevents future disputes.
When to Seek Legal Advice
If a claim is denied and you believe it is unjust, or if the builder fails to respond within their liability period, it may be worth speaking to a solicitor who specialises in construction disputes. They can help interpret your policy, assess liability, and guide you on next steps.
Understanding your rights under a building warranty can give you the confidence to address issues promptly and protect your investment effectively. If you have any questions about a warranty, contact BuildSafe today to learn more from our trusted advisors who can help you quickly and professionally.
