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England

New Build Landlord

New Build Snag List UK — Defects, NHBC Warranty, Developer Obligations, and Landlord Remedies

Snagging surveys, NHBC Buildmark warranty (years 1-2 builder warranty; years 3-10 structural insurance), Consumer Code for New Homes adjudication, Building Safety Act 2022 leaseholder protections, and legal remedies for persistent defects.

13 min readUpdated 8 June 2026Last reviewed: 17 May 2026new buildsnaggingNHBCBuildmark warranty

Snagging Before and After Completion

Pre-completion inspection: Consumer Code for New Homes (2021) requires developers to permit inspection in the 5 days prior to completion. Independent snagging surveyor (RICS/CIOB) produces written room-by-room report. Submit in writing to developer's customer care team; photograph and document every defect. Two-year developer warranty period: builder responsible for workmanship defects; NHBC Resolution Service is backstop where builder fails to respond.

NHBC Buildmark Warranty Coverage

Years 1-2 (builder warranty): housebuilder fixes workmanship defects at their cost; NHBC Resolution Service for disputes. Years 3-10 (NHBC insurance): structural and weatherproofing elements only (foundations, main structure, roof, drainage); cosmetic defects, normal settlement, maintenance items excluded. Sum insured: original purchase price + 1%/year. Assignment: passes automatically to successive owners on sale.

Building Safety Act 2022 and Leaseholder Protections

The BSA 2022 leaseholder protections apply to 'qualifying leaseholders' — those who owned the flat as their only or principal home. Buy-to-let investors may not qualify and could still face service charge remediation demands for cladding defects. Pre-purchase checks: Landlord Certificate; EWS1 form status; developer's Responsible Actors Scheme status. Specialist legal advice essential before purchasing into a block with potential cladding issues.

Legal Remedies for Persistent Defects

NHBC Resolution (years 1-2) and warranty claim (years 3-10). Consumer Code for New Homes adjudication — binding on registered developers, faster than court. Breach of contract: 6-year limitation period from breach. Defective Premises Act 1972 s.1 (fitness for habitation): 30-year limitation period for claims accruing post-28 June 2022 (BSA 2022 s.135). Pre-action: formal letter before claim; RICS-quantified schedule of works.

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