Buying a new build is one of the biggest financial decisions most people make. Yet many new build buyers are unaware of the legal rights and protections they have when it comes to snagging defects. This guide explains your rights clearly — from the moment you exchange contracts to the end of the defect liability period.
The Consumer Code for Home Builders
The Consumer Code for Home Builders is an industry code of conduct that most major UK new build developers adhere to. It sets out standards for how developers must market, sell, and hand over new homes — and crucially, it covers snagging rights.
Your Key Rights Under the Consumer Code
- Right to Inspect Before Completion: You have the right to inspect your new home before legal completion. If the developer denies access, document your request in writing.
- Defects Must Be Documented: Developers must acknowledge snagging items submitted in writing and provide a response within a reasonable timeframe.
- After-Sales Service Obligation: Developers are required to provide adequate after-sales service during the warranty period and respond to reported defects.
- Dispute Resolution Scheme: The Consumer Code includes an independent dispute resolution scheme for disputes not resolved through the developer's own complaints process.
The NHBC Buildmark Warranty
Most new build homes in England and Wales are covered by the NHBC Buildmark warranty. This is a 10-year warranty that provides two distinct layers of protection:
Years 1–2: Builder Warranty
During the first two years, the developer (builder) is directly responsible for fixing defects in their workmanship and materials. If they fail to do so, you can escalate to NHBC.
- ✓ Covers defects in workmanship and materials
- ✓ Developer must fix or pay for repairs
- ✓ NHBC Dispute Resolution if developer fails
Years 3–10: Structural Warranty
From year 3, NHBC itself provides insurance cover for physical damage caused by a structural or weatherproofing defect in the home.
- ✓ Covers structural and weatherproofing defects
- ✓ NHBC pays directly if damage confirmed
- ✓ Does not cover cosmetic or non-structural defects
The 2-Year Defect Liability Period — How to Use It
The 2-year builder warranty period (sometimes called the defects notification period) is your primary protection for snagging defects. Here's how to use it effectively:
Report in Writing, Always
Verbal reports to the developer have no legal standing. Every snagging item must be submitted in writing — email is fine and creates a timestamped record. Keep copies of all correspondence.
Be Specific
Vague defect reports are harder to pursue. Provide the location, description, and photographic evidence for each item. A formal snagging report (from a professional or via a digital tool) is much stronger than a handwritten note.
Set Reasonable Deadlines
Your report should include a reasonable time for the developer to respond and a target date for remediation. “Reasonable” under the Consumer Code is typically 30 days for a response, though emergency issues should be addressed urgently.
Follow Up in Writing
If the developer does not respond within the agreed timeframe, follow up in writing and note in your follow-up that you will escalate to NHBC if not resolved. Keep all records.
Don't Wait Too Long
The 2-year warranty runs from legal completion. If you are approaching the 2-year mark with unresolved items, report them formally in writing before the deadline — even if you are still awaiting resolution of earlier items.
What the Developer is Legally Obliged to Fix
Under the NHBC warranty and Consumer Code, the developer is obliged to fix:
Normal wear and tear, damage caused by the buyer, and items that are a matter of taste rather than specification are generally not covered.
How to Escalate Unresolved Snags
If your developer fails to respond to your snagging report or refuses to carry out repairs they are obligated to make, you have several escalation routes:
Developer's Formal Complaints Process
Start by submitting a formal complaint through the developer's own complaints procedure. Most developers are required to have a formal complaints process under the Consumer Code.
NHBC Resolution Service
If the developer fails to resolve the issue, you can raise a dispute with NHBC. The NHBC Resolution service can investigate, determine whether the developer is in breach, and require them to carry out repairs.
New Homes Ombudsman
The New Homes Ombudsman provides an independent dispute resolution service for new build buyers. It is free to use and can award compensation or require specific remediation.
Legal Action
As a last resort, legal action through the courts is available. Given the costs and time involved, this is rarely necessary if you have followed the proper escalation steps first.
Time Limits — Don't Miss the Deadline
The most important time limit in new build snagging is the 2-year builder warranty period. After 2 years from legal completion, the developer is no longer directly responsible for defects — though the NHBC structural warranty continues.
For NHBC dispute resolution, claims generally need to be raised while the warranty period is active. Check the specific timelines in your NHBC Buildmark documentation.
It is always best to report defects as soon as you discover them. Delayed reporting can complicate claims if the developer argues the defect was caused by later events.