Builder refusing to fix snags? Your rights and what to do next

If your builder is refusing to fix snags or defects in your new build, you have four formal options: a written snagging notice with a deadline, the NHBC Resolution Service, the New Homes Ombudsman Service (NHOS), and — as a last resort — trading standards or the courts. Each route costs you nothing in fees, and each becomes progressively more powerful. The key to using any of them successfully is having a clear, documented record of the defects and every communication you have had with your builder.

This guide walks through each escalation route in order, explains what evidence to gather, and tells you what you can realistically expect from each process.

Why builders sometimes ignore snags

Housebuilders operate under significant commercial pressure to complete homes, hit sales targets, and move their customer service teams on to the next development. After-sales service is a cost centre, not a revenue driver. As a result, some buyers find that defect reports — particularly for minor or cosmetic items — are deprioritised, disputed, or simply not acted upon within any reasonable timeframe.

This is not illegal in itself. The question is whether your builder is failing to meet obligations under:

• The Consumer Code for Home Builders, which requires registered developers to have a formal after-sales process and to respond to complaints promptly and professionally
• The NHBC Buildmark warranty, which makes your builder directly responsible for all defects in year one and for fixtures, fittings, and service systems in year two
• The UK Consumer Rights Act 2015, which gives you the right to goods and services of satisfactory quality

Understanding which obligation applies to your situation determines which escalation route is most effective.

Step 1: Send a formal written snagging notice with a deadline

Before escalating to any third party, you must be able to demonstrate that you gave your builder a fair opportunity to respond. A formal written snagging notice is the foundation of every subsequent escalation.

What to include in your notice:

• A numbered list of every defect, with a photograph and description for each item
• The location within the property for each defect
• A reference to the relevant obligation (NHBC Buildmark warranty, Consumer Code for Home Builders, your contract specification)
• A clear deadline for a written response — 14 days is reasonable for acknowledgement; 28–56 days for a repair schedule

How to send it:

Send the notice by email (to create a timestamp) and by recorded post (to create a delivery record). Address it to the builder’s customer care or after-sales department. Keep copies of everything.

Do not rely on verbal conversations, site visits where issues are noted informally, or messages through a customer portal if you cannot export or screenshot them. Every communication needs to be in a form you can produce as evidence.

What happens next:

Most builders will respond at this stage, even if only to dispute some items or request more time. Their written response — and any failure to respond — becomes part of your evidence file.

Step 2: NHBC Resolution Service (free, years 1–2)

If your builder is registered with NHBC and your home is within the first two years of legal completion, the NHBC Resolution Service is your first formal escalation route.

The Resolution Service is free to use and is administered by NHBC. The process works as follows:

1. Submit your complaint to NHBC online or by post, with copies of your defect notice, photographs, and your builder’s responses (or lack thereof)
2. NHBC appoints a Resolution Surveyor who contacts both you and your builder
3. The surveyor inspects the property and assesses each item against the NHBC Technical Standards
4. NHBC issues a formal decision identifying which items are defects under the Standards
5. Your builder is required to carry out the remediation work identified in the decision

The NHBC Resolution Service decision is binding on your builder. This is a significant power — it does not require you to go to court or pay legal fees, and the builder cannot simply ignore the outcome.

The main limitation is scope: NHBC will only assess items against its Technical Standards. It will not assess complaints about the builder’s conduct, communication failures, or items that fall outside the Standards even if they are genuinely substandard.

Step 3: New Homes Ombudsman Service (NHOS) — free, launched 2023

The New Homes Ombudsman Service (NHOS) is a free, independent dispute resolution scheme that launched in 2023. Most buyers do not know it exists.

The NHOS covers complaints about developers who are members of the scheme. Membership includes developers who are members of the Home Builders Federation (HBF), registered with NHBC, or registered with Premier Guarantee. You can check whether your developer is a member at nhos.org.uk.

What the NHOS can investigate:

• Failure to follow the Consumer Code for Home Builders
• Failure to provide adequate after-sales service
• Unresolved defects after a formal complaint process has been completed
• Poor communication, failure to respond to complaints, or misleading information given during the sale

What the NHOS can order:

• Financial compensation up to £50,000
• Repair orders
• Written apologies
• Changes to developer processes

What it cannot do:

The NHOS can only act against developers on matters covered by the Consumer Code for Home Builders. It cannot force a builder to carry out work that falls outside the Code, and it has no power over matters already determined by NHBC or the courts. For structural defect claims in years 3–10, NHBC is the appropriate body.

The complaint process:

Before the NHOS will accept your complaint, you must have completed your developer’s own formal complaints process. Most developers must respond to a formal complaint within eight weeks. If eight weeks have passed without a satisfactory resolution, or if you have received a final written response from your developer that you dispute, you can escalate to the NHOS.

The NHOS process is entirely written — there are no hearings. You submit your evidence file, the developer submits their response, and the NHOS case officer reviews both and makes a determination.

Timeline: The NHOS aims to resolve complaints within 90 days, though complex cases may take longer.

Step 4: Trading standards and the courts

If NHBC Resolution and the NHOS have not resolved your situation — or if your builder is not registered with either body — you have two further options.

Trading standards Your local council’s trading standards service can investigate businesses that are operating unfairly or in breach of consumer protection law, including the UK Consumer Rights Act 2015. Trading standards action is most appropriate where a builder is systematically misleading buyers or failing to honour statutory obligations, rather than for individual defect disputes. You can report to trading standards via the Citizens Advice consumer helpline, which passes reports on to the relevant authority.

Small claims court For financial claims up to £10,000 — for example, seeking the cost of hiring a third-party contractor to fix defects your builder has refused to address — the small claims court (formally the small claims track of the County Court) is accessible without a solicitor and costs a modest issue fee (currently from £35 to £455 depending on the claim value, as of 2025).

For claims above £10,000, you will need to use the fast track or multi-track court procedure, and legal advice is strongly recommended.

Before issuing a court claim, you are required by the Civil Procedure Rules to send the defendant a formal Letter Before Claim giving them a final opportunity to settle. This letter should set out your claim, the evidence you are relying on, and the amount you are seeking or the remedy you require.

What evidence to gather — starting now

Regardless of which route you use, the strength of your case depends entirely on your evidence. Start building this file from the moment you notice the first issue.

Photographs and video Every defect should be photographed from a distance (to show location) and close up (to show the detail). Video is useful for issues like doors that will not close properly, extractor fans that are noisy, or radiators that do not heat evenly. Timestamp your photographs — apps like Checka do this automatically.

Written communications Keep every email, letter, and text message with your builder. Screenshot any conversations on builder portals. Note dates and times of telephone calls and what was agreed.

Your snagging list A professionally formatted snagging list or report — ideally generated from an app like Checka that timestamps and geo-tags each item — is significantly more credible than a handwritten list or an informal email.

Your warranty documents Keep your NHBC Buildmark warranty certificate, the Buildmark guide, and your Consumer Code receipt. These set out the obligations your builder agreed to meet.

Independent expert evidence If your dispute escalates to court, an independent expert report from a RICS-registered surveyor will carry substantially more weight than your photographs alone. A surveyor can assess whether the defect meets a construction standard and quantify the cost of remediation.

Australian equivalents

Australian readers facing similar situations have access to equivalent state-based bodies. In Queensland, the QBCC (Queensland Building and Construction Commission) provides free dispute resolution and can order builders to rectify defective work. In New South Wales, NSW Fair Trading operates a similar complaints and mediation service. In Victoria, the VBA (Victorian Building Authority) handles complaints about licensed builders. Each state also has a tribunal (QCAT, NCAT, VCAT) that can make binding orders without the need for court proceedings.

Key takeaways

• Always begin with a formal written snagging notice — every escalation route requires you to show you gave your builder a fair opportunity to respond first
• The NHBC Resolution Service is free, available in years one and two, and its decisions are binding on your builder
• The New Homes Ombudsman Service (NHOS), launched in 2023, can award financial compensation up to £50,000 and issue repair orders against member developers
• The Consumer Code for Home Builders requires your developer to have a formal after-sales process — failure to follow it is grounds for an NHOS complaint
• Document everything in writing: photographs with timestamps, emails sent by recorded delivery, and all builder responses form the core of your evidence
• Small claims court is accessible without a solicitor for claims up to £10,000 and is a genuine last resort when other routes have been exhausted