Lawyers Specialising In Defects With Newly Built Homes
If you buy a new build home, you will often find minor issues that need rectifying once you move in. However, if the problems are more serious, you need to know your legal rights and ensure that the builder adequately remedies all of the defects. Our new build problems solicitors represent home owners in dealing with serious construction issues. We can negotiate with your developer or warranty provider and, where necessary, ask an adjudicator or the court to intervene.
We always offer FREE initial phone advice with no strings attached. Call our highly experienced Property Dispute Resolution team on 01722 422300 or FREEPHONE 0800 1404544.
Our Specialist New Build Problems Experience
Here at Bonallack & Bishop we have a specialist property dispute team – property related legal claims are all those lawyers handle. But don’t just take our word for it. We are the only solicitors recommended for property disputes by the HomeOwners Alliance. So if you’re looking for the right legal advice on your building dispute, you can rely on our expert team.
Common problems with new build houses
The scale of new build problems is remarkable. The Home Builders Federation National New Homes Customer Satisfaction Survey in March 2024 found that 95% of new build buyers reported problems to their builder, with 33% reporting more than 15 issues. Builders expect to return to a property to remedy problems and should have a process for doing this.
And amongst the most common problems with new build properties are the following:
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Poorly fitted windows and doors
If your builder has not fitted your windows or doors correctly, your property may be damp or draughty. It could be that you have difficulty using a window or door or that it is unsafe to do so. In the worst cases, it could cause a security risk.
Your builder should properly seal windows and doors, which will help with energy efficiency.
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Faulty brickwork and pointing
Brickwork should be level with even spacing and no overhang or leaning. Bricks should be lined up vertically down the whole length of the wall. Bricks should be in good condition with no damage, and pointing should be cleaned off of bricks where necessary.
The mortar between bricks should be sound. This protects a property from moisture; if you have faulty pointing, you could end up with damp rooms. Broken or missing pointing will also look poor.
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Issues with insulation
Insulation should meet energy efficiency standards and be present as needed in loft spaces and walls. It could affect the property’s energy rating if it has been poorly installed or is missing as well as potentially significantly increasing your home energy bill.
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Guttering not flowing correctly
If guttering is not correctly attached or blocked and rainwater cannot flow away, you could end up with water problems. Damp in the home is never good. In the worst case, the property’s timbers could be affected.
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Ducting and vents are not properly connected
Properties have various ducts and air vents to allow for the circulation of air avoiding numerous problems including damp and excess humidity. Avoidance. These kind of duct or air vents should be snugly fitted, operate correctly if they have a fan fitting and open properly to the outside. Significant problems can result in too much humidity in the home, resulting in mould or mildew.
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Poor plastering and cracks in walls
Plastering should have a good finish. It is relatively common for new properties to ‘settle’, resulting in small cracks. So don’t worry about those – they’re powerfully normal but even so, your builder should remedy these. And if the plastering is not smooth, you are entitled to ask them to redo it.
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Issues with fixtures and fittings
Fixtures and fittings are often damaged during transport and installation and may be scratched or scuffed. Fitted items such as light switches, cupboards, units and worktops should be correctly installed.
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Poor tiling or decoration
Poor tiling can result in water leakage, which as we’ve mentioned before, can cause real and often expensive problems at home. Your developer should fix this promptly. You are al
so entitled to a good standard of decoration.
Major new build problems
Common problems can often be fixed relatively easily, however if your new build home has major structural defects or construction defects, this is more serious. There could be a risk that the property is dangerous and it is important to take prompt action. Sometimes problems with newly built homes are so serious, that you can’t even live in them!
Examples of serious new build defects include:
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Defective foundations
Defects to a building’s foundation may not become apparent for years after construction. You may discover a latent defect over time if sizeable cracks appear or other problems arise, for example, issues with walls or drains.
This is one of the most difficult issues to remedy and you need to ensure that the developer handles is correctly. You may need a structural engineer to assess the damage. We can help with that.
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Structural defects to walls, floors or ceilings
Serious structural defects in a new build can affect the property’s safety and you need to take immediate action to have safety checks carried out. Where issues are discovered, you have the right to have them remedied.
If the developer has done the brickwork poorly and a wall is leaning, it must usually be rebuilt.
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Poor or dangerous workmanship
Substandard workmanship can be dangerous, particularly in the case of stairs and walls. If you suspect that the work to your property is inadequate, you should have a survey carried out.
What is snagging?
When you move into a new build, you will usually find issues that need rectifying. You should check the whole property carefully and list items that you need the builder to deal with. This is known as a snagging list.
Builders expect to receive a snagging list from new homeowners and should attend promptly to work through each item.
What is a snagging survey?
A snagging survey is a new build survey carried out by a chartered surveyor or other qualified property surveyor. The inspector has the experience to spot problems and future problems and to know when a builder has not constructed something correctly.
Different types of new build survey are available, including a pre-completion inspection, a standard snagging survey and an in-depth snagging survey.
If you buy a new build, our solicitors strongly recommend that you have a survey carried out. It is often difficult for a homeowner to spot defects, but a surveyor will carry out a thorough inspection and provide a comprehensive list of those issues that need fixing.. You can then use that snagging survey to ask the builder to deal with them before the property’s condition deteriorates.
Having a survey carried out straightaway is really important – sometimes it can mean that the developer still has builders on the site who will be able to come and rectify matters.
Without a survey, there is a risk that issues might only become apparent after the developer has left or even once the property is no longer covered by warranty. A snagging survey will also give you evidence of the problem to show your developer and will carry weight should there be a dispute.
New build problems – what rights do I have?
A new build home is usually covered by a code such as the Consumer Code for Home Builders. You will also generally have a ten or twelve-year new build warranty.
You are entitled to a home that is built in accordance with the relevant planning consent and meets building regulations criteria. The fixtures and fittings should be as agreed, workmanship should be of a reasonable quality, and the property should be as specified in your agreement to purchase.
Where your new home has defects, you can ask your builder to remedy these during the first two years after construction. From years three to ten, the warranty provider should deal with problems.
What is a new build warranty?
When you buy a newly built property, the developer will provide a new build warranty. This will be a requirement of your mortgage lender if you have one. The warranty is effectively an insurance policy for your home, although it does not replace ordinary buildings and contents insurance.
The UK’s largest new build warranty provider is the National House Building Council (NHBC), which claims to provide cover for around 80% of the new homes built in the UK each year. Its warranty is the Buildmark Warranty. Other well-known warranty providers include Local Authority Building Control (LABC), Checkmate, Buildsafe, Protek, Global and Premier Guarantee.
Warranty providers generally comply with one of three consumer codes:
· The New Homes Quality Code
· The Consumer Code for Home Builders
· The Consumer Code for New Homes
These codes set out the standards the builder aims to adhere to, the customer service that they will provide, and how they will handle problems.
Unrated warranty providers
A number of warranty providers are not rated by the insurance industry’s rating agencies. If you are buying a new build, you should check that your insurer has a minimum rating of A. Unrated insurers may go out of business and leave your property unprotected. If this happens, you will be in breach of your mortgage terms and conditions and it can be difficult to arrange replacement cover.
How long is the defect period on new build problems?
New build warranties usually last for ten years, although you should always check the small print of the individual warranty. In the first two years following the completion of your new build purchase, the developer is expected to deal with problems.
From years three to ten, the warranty provider covers major structural problems. You should arrange for the builder to deal with smaller snagging items within the first two years, as minor issues are not covered by a new build warranty.
If a development has had problems, the builder may arrange for extended cover under their chosen warranty. A recent case saw an increase that gave homeowners a total of 25 years of cover where the developer admitted that there issues with some of the foundations on the site.
What is covered by a new build warranty?
A new build warranty will cover major structural issues such as problems with the foundations, the roof, load-bearing walls, stairs, chimneys and external rendering. There is no cover for non-structural defects after the initial two years. Internal issues such as damp are only covered by the warranty if they are as a result of a structural issue.
What happens if brickwork is out of tolerance?
Brickwork tolerance refers to whether brickwork is straight. The NHBC approves a small discrepancy but requires brickwork tolerance to meet the following:
· Adequately straight on plan, with a +/-8mm maximum deviation in any length of wall up to 5m
· Adequately straight in section, with a tolerance of +/-8mm per storey height (up to 3m)
· A maximum of 8mm from plumb in any storey up to 3m. Taller walls should be a maximum of 8mm from plumb per storey and 12mm in total
· A maximum deviation of 4mm over 1m at external reveals
If you have concerns that your brickwork is out of tolerance and that deviation exceeds the above, a chartered surveyor can examine the property and provide their opinion.
Where the builder has not met the NHBC criteria, the developer should rectify the problem, taking the wall down and rebuilding it where necessary.
Other issues with brickwork include poor pointing, failed mortar bed joints and vertical joints that are not aligned up the height of the wall.
How to raise your new build problems with your builder
If your new build home has defects, , as mentioned above, your first step is to prepare a comprehensive snagging list. If you have asked a new build surveyor to prepare a report, you can use this. If the issues are not remedied within a reasonable time and the developer is not responding adequately, you can start a formal complaint.
You should allow the developer eight weeks to respond or follow the timescale set out in their complaints process if it is different.
Your developer’s code of standards will set out the procedure you must follow and you can ask them for a copy of their complaints process if you need it. For example, the NHBC uses the Consumer Code for Home Builders. You can complain to the NHBC if your builder has failed to deal with matters.
If the builder has still not resolved matters, you can use the Code’s Independent Dispute Resolution Scheme. You will have to wait for 56 days from the date on which you initially complained, but no more than one year after your builder last responded to you.
The Independent Dispute Resolution Scheme adjudicator has the power to make a performance award, requiring the developer to do something, or a financial award or both. For homes reserved on or after 1 January 2024, the maximum award using this route is £50,000.
In the first two years after you complete your new build purchase, you can take your complaint to the New Homes Ombudsman Service (NHOS) if your developer has an account with them and the developer and warranty provider have not resolved the problems. The NHOS was launched in 2022 and handles complaints where the developer has an activated NHOS account. The NHOS estimates that around 50% of new homeowners are already protected by the scheme and aim to increase that coverage to 70% of all new home purchases in the near future.
How quickly must a builder rectify new build problems?
A builder should deal with issues within six months of completion. Ideally, smaller issues will be dealt with much more quickly, within a few weeks or months at the most. You can follow up regularly to ensure your case is not forgotten.
Getting clear evidence of these colour defects is always important. So it’s a good idea to take photos and document all of the problems you have identified. A snagging survey will include this evidence. If the developer starts doing work to remedy issues, you can also photograph this so that you can show exactly what they have done, should this ever be necessary. For example, if they make a problem worse (which sadly does happen from time to time), you may need to provide evidence to the courts to prove your case.
It may be reasonable to allow a builder longer to rectify a serious problem, but you need to ensure that they are moving forward with matters and not fobbing you off.
What happens if a builder does not remedy new build defects?
If you go through the formal complaints process with your developer and ask the warranty provider to step in but your new build problems are not dealt with, the next step is to speak to a solicitor with experience of handling these kind of problems.
You have the right to a professional standard of workmanship on a new build home and to have snagging issues dealt with, whether minor or substantial, dealt with.
And depending on your particular circumstances, the 1st step in going down the legal path is often a simple one – a solicitors’ letter to the developer explaining the position and demanding that the problems are corrected. It’s surprising how often a relatively straightforward and comparatively cheap letter from your solicitors in this way can solve the problem.
If that doesn’t work, then the next step may well be to have a litigation-quality survey carried out by an experienced surveyor that gives a detailed breakdown of all of the issues and outstanding problems with your new build. As solicitors, we can help you with that.
What happens if new build problems recur?
You can go back to your developer again to ask them to remedy problems they have already fixed if they recur. If this is within the first two years of ownership, the developer should do this or pass the matter to the warranty provider.
If the problem recurs after two years, must to complain to the warranty provider rather than the developer. Again, you should ensure you have clear and strong evidence to support your claim.
Can I sue my new build developer?
If your developer and warranty provider have not dealt with matters adequately, you can consider suing through the courts. However making an actual application to court is often the last resort – simply because it is so slow and expensive.
Starting legal proceedings can focus the parties involved on dealing with matters. If they lose their case, the court may order them to take remedial action. The court could also order them to pay your solicitors’ costs and other expenses, such as your surveyor’s fees. In addition, you could receive compensation if you have suffered losses or difficulties.
Once a solicitor is instructed and sends a letter before action warning of your potential claim, the other side may negotiate an out of court settlement.
If your case goes ahead, you and the other side’s solicitors will usually exchange evidence and consider appointing an independent expert to examine the property and report to the court. Parties often use a ‘single joint expert’ to avoid the need to instruct two surveyors. You will both agree on the joint expert, who carries out a detailed survey before submitting their findings to the court. The judge will use this along with other evidence presented by your solicitor when making a ruling.
New build problems and arbitration – the alternative to court action
Experienced dispute resolution solicitors understand how frustrating court delays can be these days. And that’s why our team regularly recommend construction adjudication is available for building disputes. This is a form of alternative dispute resolution that is generally quicker, sometimes much quicker, and more cost-effective than court.
The adjudicator is usually a construction expert. Where both parties are agreeable to the adjudication process, an agreement is entered into over costs, and the process is set in motion. Once you have presented your case, an adjudicator will generally respond within 28 days.
