Within Tolerance
A puddle on a new lawn beside the house wall, near the damp proof course and an air brick.

Garden and drive: waterlogging, paths and fences

The checklistThe detail

A new garden is often soft, patchy and wet after rain for the first few months. That alone isn't a snag. Water still pooling 24 hours after rain may be a drainage problem worth reporting. So is rubbish left on the lawn, a path that drains towards the house, or a broken fence. Walk the garden and drive, and report what fails to the builder.

On the day

14 checks

Start outside. The walls, roof and gutters have their own page: roof, walls and gutters.

Paths, patio and drive

Why and how

Fences, gates and services

Why and how

If something fails, add it to your snag list and report it to the builder. How to report a snag

Next room: Roof, walls and gutters

The detail, for reading before you go

Why is my new-build garden waterlogged?

Often because the ground was compacted during building. The NHQB says it is common for a new garden to feel soft or become waterlogged after rain, especially early on, and that drainage usually improves as the soil loosens and roots grow.

But there is a limit. If water is still pooling more than 24 hours after rain, the NHQB says that may be a drainage problem. Ask the builder to check the garden was prepared to the right specification. That typically means the soil underneath was properly loosened (rotavated) and an appropriate depth of topsoil was put down. If not, the builder may need to do remedial work or add drainage. The NHQB's snagging guide says the same: a lawn that regularly stays waterlogged for more than a day after rain should be reported.

A trick we used photos of the same patch of lawn the morning after heavy rain, and again a day later, with the date and time on each.

Is the topsoil deep enough?

The NHQB's guide doesn't give a figure. It says an "appropriate depth" of topsoil, over loosened soil. Ask the builder what its specification for your plot says.

Gardens are one of the New Homes Ombudsman's complaint themes. It lists flooding, poor drainage, inadequate topsoil, weed-infested turf, uneven lawns, slopes, boundary errors and debris left at completion among them. It also notes that many decisions turn on what the builder promised about the garden. So keep the sales brochure, plot plan and anything you were told in writing.

A trick we used a garden fork pushed in at a few spots across the lawn. Where it hit rubble or stopped short, we noted the spot and took a photo.

Is patchy turf a snag?

Not in the first few months. New turf is usually laid just before you move in and can take several months to establish. It is normal for it to look uneven, thin or patchy early on. If the weather was very wet or very hot, the turf may not be laid yet. The builder should tell you and lay it when conditions are right.

Dead areas, flooding and rubbish on the lawn at handover are different. The official checklist expects lawns free of all three. To help it establish, walk on new turf as little as possible for four to six weeks, and water it in dry spells.

Paths, patios and drives: how flat should they be?

NHBC's standards allow drives and paths to vary by up to 10mm, measured under a 2m straight edge. Small dips into drains and channels are fine.

Puddles have a limit too. One hour after rain stops, any standing water should be no deeper than 5mm and no bigger than one square metre. There shouldn't be any next to an entrance door. LABC Warranty uses the same rule. Paths and drives should drain away from the house.

Paths next to the house should generally sit about 150mm, or two brick courses, below the damp proof course, unless they were designed for level access.

A trick we used a timer on the phone set for an hour after the rain stopped, then a walk round with a ruler.

Who owns the fence?

Often it isn't recorded. In England and Wales there is usually no record of the exact boundary between two properties, or of who owns the fence, wall or hedge between them.

HM Land Registry says there is no rule that the fence on the left or right belongs to you, and which side the posts are on isn't a reliable guide either. Your deeds or your solicitor's papers may say who must maintain it. Some deed plans show "T" marks, which often point to who is responsible, but not always. Ask your solicitor before completion.

Report damaged or unfinished fences at your inspection. The official checklist covers fences, walls and gates. Don't rely on the warranty later, though: NHBC's Buildmark excludes claims about fences.

What does the warranty cover outside?

For the first two years, NHBC's Buildmark treats paths, drives, garden areas, paved areas and boundary walls as part of your home, if the builder built them on your land. It doesn't include fences, sheds or other garden structures.

Some things are yours to look after from the start. NHBC's guide says loose gravel may need topping up, settled lawns should be made good, and inspection chambers (the drain covers) shouldn't be covered by soil, turf or paving. Keep the soil below the damp proof course, and don't block air bricks.

From our own build

Our fences are poor quality and our gate catches.

When we reported small gaps in the fences, we were told they were outside the builder's scope. We plan to have them redone ourselves.

Where this comes from

Every fact on this page comes from the documents below. Anything marked ‘a trick we used’ is our own.

Official and industry guidance

  1. New Homes Quality Board, Pre-Completion Inspection Checklist: House, Version 2, March 2026, p.14, p.17, p.18
  2. New Homes Quality Board, A guide to settling into your new home, June 2026, p.10
  3. NHBC, Guide to your new home, November 2025, p.11
  4. New Homes Quality Board, A homeowner guide to snagging, May 2026, Common snagging issues
  5. New Homes Ombudsman Service, Annual Report 2024/25 and 2025/26, September 2026, p.14
  6. NHBC, NHBC Standards 2024, Chapter 9.1: A consistent approach to finishes (copy published by New Build Inspections), 2024, 9.1.15
  7. LABC Warranty, Technical Manual Version 11, Section 20: Tolerances, 2023, 20.1.7
  8. GOV.UK (HM Land Registry), Your property boundaries, undated, retrieved 9 October 2026, Overview
  9. HM Land Registry, Boundaries and boundary disputes, 24 September 2026, Who owns or maintains a boundary fence, wall or hedge?
  10. NHBC, Buildmark policy booklet (homes registered from 1 April 2025), April 2025, p.14, p.18

Last checked 15 October 2026

For general education only. It isn't legal or surveying advice. Always check your own warranty documents and Code version, and speak to your housebuilder, your warranty provider or a qualified snagging inspector before relying on it. Read the disclaimer.