New build defects in the UK — your rights under the Building Safety Act

New build defects in the UK were already covered by warranty schemes and consumer codes before 2022 — but the Building Safety Act created a step-change in how long buyers can claim, who is liable for remediation costs, and what developers can and can’t pass on to leaseholders. If you’ve bought a new build in the UK in recent years, or are about to, understanding what changed is worth your time.

This guide covers your rights under both the longstanding warranty framework and the new provisions introduced by the Building Safety Act 2022.

The existing framework before the Building Safety Act

Before diving into what changed, it helps to understand what was already in place.

The developer’s initial period — 2 years

When you buy a new build, the developer or builder is responsible for fixing defects identified in the first 2 years. This is separate from any warranty scheme and comes directly from the contract and the Consumer Code for Housebuilders.

You should notify defects in writing during this period. Developers are expected to respond within 20 working days and to rectify within a reasonable timeframe.

NHBC Buildmark warranty — years 2 to 10

The NHBC Buildmark warranty is the most widely used structural warranty in the UK, covering approximately 80% of new homes. It provides:

Years 1–2: The builder must fix defects covered by the NHBC standards. NHBC provides a resolution service if the builder doesn’t
Years 3–10: NHBC covers the cost of fixing certain physical damage to the structure caused by a defect

The NHBC warranty does not cover cosmetic defects, damage caused by wear and tear, or problems arising from the homeowner’s own changes to the property.

Other warranty providers — Premier Guarantee, ICW, LABC Warranty — offer similar structures. The terms and coverage differ, so check the specific warranty document for your home.

New Homes Quality Code and the New Homes Ombudsman Service

The New Homes Quality Code (NHQC), introduced in 2022, created a new framework for consumer protection. Registered developers must follow the code, which covers pre-purchase information, the sales process, and after-sale support.

The New Homes Ombudsman Service (NHOS) was created alongside the code to resolve disputes. If your developer is registered with the NHOS and fails to meet the code’s standards, you can submit a complaint — free of charge — and the Ombudsman can require remediation or award compensation.

Importantly, NHOS membership is currently voluntary (at time of writing), though there are legislative proposals to make it mandatory.

What the Building Safety Act 2022 changed

The Building Safety Act 2022 was a direct response to the Grenfell Tower fire in 2017 and the subsequent discovery that large numbers of residential buildings had unsafe cladding and fire safety defects. Its primary intent was to address the cladding crisis, but its effects extend broadly.

Extended limitation periods — 30 years for cladding claims

The Act’s most significant procedural change was extending the limitation period for certain cladding and fire safety claims. Under the Limitation Act 1980, claims typically had to be brought within 6 years of the breach of contract or 3 years of knowledge of the problem (with a longstop of 15 years for latent defects).

The Building Safety Act created a new route for claims related to cladding and certain fire safety defects in buildings over 11 metres tall: a 30-year limitation period for claims against developers and landlords, and a 15-year period for certain new claims going forward.

This means homeowners and leaseholders who had previously been told they were out of time can now potentially make claims that they couldn’t before.

The “responsible persons” framework

The Act created a clearer framework of “responsible persons” for higher-risk buildings (those over 18 metres or 7 storeys) and “accountable persons” for buildings generally. This framework shifts liability more firmly onto the parties who designed and built the building — not onto leaseholders.

Leaseholder protections — the most impactful change for existing owners

Perhaps the most immediately impactful provisions for existing leaseholders are the protections against being charged for cladding and fire safety remediation costs.

Before the Act, many leaseholders in buildings with unsafe cladding were facing service charge demands of tens or hundreds of thousands of pounds for remediation work — on buildings they didn’t design and to standards they had no control over.

The Building Safety Act introduced strict limitations on what can be passed to leaseholders via service charge. Specifically:

Qualifying leaseholders (those who own a long lease on their home, and either live there or have done so, and own no more than 3 properties in the UK) cannot be charged for cladding remediation
Developers (where they can be identified and are still solvent) are responsible for remediation costs
Building owners/freeholders who cannot demonstrate they are distinct from the original developer have limited ability to pass costs to leaseholders

This is a complex area of law and the protections apply differently depending on the building height, the type of defect, and when the lease was granted. If you are facing service charge demands for fire safety or cladding work, specialist legal advice is essential.

The Building Safety Levy and developer contributions

The Act introduced a levy on new residential development to fund a Building Safety Fund, which pays for remediation in cases where the original developer cannot be made to pay (insolvency, dissolution, etc.).

What this means for new build buyers today

If you’re buying a new build now, your protections layer as follows:

During the first 2 years

Notify defects in writing to your developer. Keep copies of all correspondence.
If the developer doesn’t respond within 20 working days or fails to rectify, escalate to the NHOS (if they’re registered) or your warranty provider.
Document every defect with photographs, timestamps, and written descriptions.

Years 3–10

Structural defects covered by your warranty scheme (NHBC Buildmark or equivalent).
Keep the warranty documentation from completion — you’ll need policy numbers and scheme details if you need to claim.

For fire safety and cladding concerns

Buildings over 11 metres must be registered with the Building Safety Regulator.
If you have concerns about fire safety in your building, contact the Building Safety Regulator or your local fire and rescue service.

If your developer refuses to act

Written notice — formal letter to the developer specifying defects, required rectification, and a reasonable deadline
NHOS complaint — if the developer is a registered member of the New Homes Quality Code
Warranty claim — through NHBC or your warranty provider, who have their own resolution processes
Legal action — for serious defects or developer non-compliance, specialist building solicitors can advise on claims under the Building Safety Act, the Defective Premises Act 1972, or contract. See also our guide on what to do when your builder refuses to fix defects for UK-specific escalation steps.

How to document defects effectively

Regardless of which route you take, documentation is the foundation of any claim. At your legal completion and within the first months of occupation:

Walk every room systematically and photograph any defect you find
Note the location precisely (“kitchen, east wall, 30 cm below window sill”)
Keep a log of when you noticed each defect and any communications with the developer
Photograph the overall view of each area before zooming in on individual defects — this provides context

For a new build buyer in the UK, having a complete, timestamped record of defects notified within the first 2 years is your strongest protection in any subsequent dispute. Our guide on how to photograph construction defects covers how to document issues so they hold up in a formal complaint. If a developer claims a defect arose after the first 2 years, your contemporaneous documentation is what refutes that.

The New Homes Ombudsman Service — how it works

If your developer is registered with the NHOS and has failed to meet its obligations under the New Homes Quality Code, you can submit a complaint. The process:

You must first complain directly to the developer and allow them at least 56 days to respond
If the response is inadequate, submit a complaint to the NHOS via their website
The Ombudsman reviews the complaint, may request additional information, and makes a determination
Remedies available include requiring the developer to take action, providing compensation, or making a formal apology

NHOS decisions are binding on registered developers. If a developer refuses to comply with an Ombudsman decision, they can be removed from the register — which prevents them from selling new homes under the New Homes Quality Code.

Key takeaways

The Building Safety Act 2022 extended the limitation period for cladding and fire safety claims to 30 years (for existing claims) and 15 years (for new claims), giving far more time than under the old 6-year rule.
Qualifying leaseholders cannot be charged for cladding remediation costs — the liability falls on developers or building owners.
The NHBC Buildmark warranty (or equivalent) still provides the primary protection for new builds: years 1–2 with the developer, years 3–10 with NHBC.
The New Homes Ombudsman Service provides a free dispute resolution route for buyers of homes from registered developers.
Document every defect in writing from day one — a timestamped record is your most powerful tool in any dispute.
For fire safety concerns in buildings over 11 metres, the Building Safety Regulator is the formal oversight body.
Specialist legal advice is essential if you’re facing service charge demands for fire safety or cladding work — the protections are significant but legally complex.