New build property disputes: ensuring you are covered

New builds are notoriously challenging to deal with, and there are often teething problems not previously noted by the developers.

Developers are eager to make good any errors and keep the buyers happy, as a reputation for poor-quality homes isn't something a developer wants. 

When purchasing a new build property, you should be asked by your developer to undertake a handover inspection of your new home - but some issues may not be immediately apparent.

What can go wrong with new build properties? 

Frequent issues with new build properties include poor quality finishing, structural defects, and foundation issues. 

Often, the problems are minor, known as 'snags' and can be fixed easily. These issues, no matter how small, are contractual breaches. The developer breaches their contractual agreement with the buyer by building a property that is not of sound quality. 

Structural or foundation issues can compromise an owner's safety and often cost a lot to remedy. If the property is covered under an NHBC warranty (more on this below), the builder is obliged to put any defects right, and the owner is insured against any potential damage. 

Developers can dispute the above issues; in this instance, you must appoint legal representation. If the claim is expensive, e.g., over £10,000, you may be able to recover legal fees - however, this is not guaranteed.

NHBC warranties 

Most new builds are covered by a 10-year warranty, providing buyers with peace of mind. National House Building Control (NHBC) is the UK's primary provider for new build insurance, offering Buildmark warranty and insurance. 

This is something buyers should look out for when purchasing a new build. This warranty means that the developers are responsible for correcting issues and repairing damage if the property was not built in line with the standards set by NHBC. 

The warranty only covers major defects after three years, and anything that costs less than £1500 to make good is not included. 

It is important to note that Buildmark has some exclusions. For example, it doesn't cover general wear and tear, condensation, normal shrinkage, or damage due to a lack of maintenance. 

If Buildmark doesn't cover the matter in dispute, the Consumer Code for Home Builders scheme may be able to help. 

Contact our new build property solicitors

If you are considering buying a new build property, our conveyancing team will help you every step of the way, offering guidance to help you avoid unexpected issues down the line.

If you have a new build property dispute, our solicitors can provide an expert view on whether you may be able to claim against the developer or under the NHBC warranty.

We have offices in London, Brighton, Eastbourne, Hastings, Uckfield, and Ulverston, and our new build solicitors work with clients locally and nationally.