Renters' Rights Act 2025, Phase 1 commencement
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England

England and Wales · NHBC Buildmark: 2-Year Builder's Warranty + Years 3-10 Structural · Building Safety Act 2022: DPA 1972 Extended to 15 Years (New) / 30 Years (Retrospective) · New Homes Ombudsman Service — Up to £50,000 · Warranty Transfers to Subsequent BTL Purchasers · Rental Does NOT Void Warranty · Snagging Inspection Before Completion Essential

New Build Warranty and Defects 2026 — BTL Landlord Guide to NHBC Buildmark and Building Safety Act 2022

NHBC Buildmark covers most new homes in England and Wales: 2-year builder's warranty (developer responsible for defects; NHBC backstop if developer insolvent); years 3-10 structural warranty (NHBC covers major structural defects only — not cosmetic; not wear and tear; not tenant damage). Building Safety Act 2022 extends Defective Premises Act 1972 limitation from 6 years to 15 years for dwellings completed from 30 June 2022; retrospective extension to 30 years for pre-June 2022 dwellings. DPA 1972 duty owed to subsequent owners (BTL landlords can pursue developer). New Homes Ombudsman Service (NHOS) — free; up to £50,000 compensation. Alternative providers: Premier Guarantee; LABC Warranty; BLP Insurance. Snagging inspection before completion strongly recommended. Rental occupation does not void NHBC or alternative warranties. Warranty transfers to subsequent BTL purchasers.

13 min readUpdated 7 June 2026Last reviewed: 17 May 2026NHBC buildmarknew build warrantybuilding safety act 2022defective premises act 1972

NHBC Buildmark — 2-year builder's warranty and years 3-10 structural

NHBC Buildmark covers most new homes in England and Wales. Year 1-2: developer responsible for defects (cosmetic; workmanship; water ingress; plumbing errors); NHBC provides insurance backstop if developer insolvent. Years 3-10: NHBC covers major structural defects only — subsidence; structural failure of load-bearing elements; water ingress causing structural damage. Excluded: cosmetic defects after year 2; normal settlement cracks; wear and tear; tenant-caused damage; condensation (unless from structural defect). NHBC claim limit is capped at the original purchase price. Document all defects in writing to developer within the 2-year period.

Building Safety Act 2022 — DPA 1972 limitation extended to 15 years

Building Safety Act 2022 extends the Defective Premises Act 1972 s.1 limitation period from 6 years to 15 years for dwellings completed on or after 30 June 2022. Retrospective extension to 30 years for pre-June 2022 dwellings (reviving previously time-barred claims — confirmed by courts). DPA 1972 duty is owed to subsequent owners — BTL landlords buying from the original purchaser can bring a DPA 1972 claim against the original developer. New Homes Ombudsman Service (NHOS, established under BSA 2022): free for purchasers; investigates complaints about build quality; up to £50,000 compensation.

Snagging, documentation, and practical landlord steps

A professional independent snagging inspection before legal completion (or immediately before first tenancy) is essential. Report all snagging items to developer in writing before completion. During the 2-year warranty period: maintain a photographic defects log; make all reports in writing (email; recorded post). Developer insolvency: NHBC steps in during years 1-2; years 3-10 claim is against NHBC directly (unaffected by developer insolvency). Alternative warranty providers (Premier Guarantee; LABC; BLP; Build Assure) have similar structures — check lender's approved warranty list.

BTL landlords inheriting warranty on purchase

Developer warranties (NHBC Buildmark and most alternatives) transfer automatically to subsequent owners. A BTL landlord buying a 3-year-old new-build inherits 7 remaining years of structural warranty. Rental occupation does NOT void NHBC or alternative warranties — the warranty follows the building. Request all warranty documentation from the seller. Keep documentation and pass to future buyers on eventual sale.

Templates recommended in this guide

ComplianceLS-E-020

Landlord Annual Compliance Checklist

Annual walk-through of every compliance touchpoint: gas, electrical, EPC, smoke/CO, Right-to-Rent, deposit, licensing, database registration.

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