Your two-year warranty, and how to report a snag

What does a two-year new-build warranty cover?

It covers anything that doesn't meet the warranty provider's building standards. In NHBC's Buildmark policy, if you told the builder about a problem during the first two years, the builder must put it right at its own cost and within a reasonable time. That includes repairing any damage the defect caused. If you have to move out while the work is done, the builder pays the reasonable cost.

The two years usually run from the start date on your policy certificate. For parts you share with neighbours, such as a shared drive or the structure of a block of flats, the period is three years.

One rule is worth knowing early. A problem you reported in time stays the builder's responsibility after the two years end, as long as the concern was justified. So the deadline is for reporting, not for the fix.

Do all new builds have NHBC?

No. Other companies write new-home warranties too, including LABC Warranty and Checkmate. Your warranty certificate names the provider. A builder on the New Homes Quality Code must give you the cover note or certificate at completion, with the exclusions and limits explained.

The rules are similar but not the same. LABC Warranty's policy says you must tell the builder in writing as soon as possible. If the builder doesn't fix it, you must tell LABC Warranty no later than six months after the two years end. Both are conditions of the cover. Checkmate pays in the first two years only where you asked the builder in writing and it refused, or went bust. Read your own policy for the exact terms.

How to report a snag

Report it to the builder, not the warranty company, using the builder's after-sales contact. Under the Quality Code, the builder must tell you how to report problems and who to contact. Do it in writing, as soon as you notice the problem, with photographs.

A good report says:

• what the problem is, in one line;
• which room, and where in the room;
• when you first noticed it;
• a photo with enough of the room in shot to show where it is.

Keep every reply. NHBC asks you to keep a record of what you said, who you told and when. NHBC also publishes letter templates for writing to your builder in the first two years.

A trick we used one email thread per snag, with the room and the problem in the subject line. It made each one easy to find months later.

Emergencies are different. A front door that won't lock, a leak you can't stop, no heating or hot water at all, or a total loss of power should be dealt with straight away, not on the snagging timescale. Find the builder's emergency number when you move in.

What could stop the warranty covering a problem?

The most common reasons are timing and what caused the damage. NHBC's Buildmark doesn't cover:

• cosmetic damage, such as scratched glass or a chipped bath, reported more than seven days after completion;
• a problem you can't show you reported within the two years;
• wear and tear, neglect, or not doing normal maintenance;
• anything done to the home after completion, and work done by anyone other than the builder;
• damp, condensation and shrinkage, unless the builder failed to meet NHBC's standards.

So keep the builder's own work separate from any changes you make. If you have a shelf put up where a crack later appears, the question of who caused it gets harder.

What happens after year two?

From year three to year ten, the warranty becomes insurance for the structure, and you claim from the warranty provider, not the builder. NHBC's cover lists the parts that count, including foundations, load-bearing walls, roofs, ceilings, staircases, floor decking, the glass in outside windows and doors, and underground drainage you are responsible for.

It doesn't cover cosmetic damage, cracks that don't affect the structure or weathertightness, sound coming through walls and floors, or changes in the colour of finishes. That is why the first two years matter. Most everyday snags have to be reported inside them.

If the builder doesn't fix it

This is a summary of the published rules, not legal advice. The usual order is: the builder's complaints procedure, then the warranty provider, then the Ombudsman.

1. Make a formal complaint to the builder. Under the Quality Code, a snag not put right within 30 days of reporting can go into the builder's formal complaints procedure. The builder must acknowledge it within five days, send a "path to resolution" within 10 days and a full response within 30 days. If it is still open at 56 days, the builder must write to you explaining what is outstanding and why.

2. Ask the warranty provider. NHBC's resolution service is free. It will only look at the problem once you have been through the builder's whole complaints procedure, or the builder hasn't replied within 30 days of a formal complaint. Send the list of issues you reported and the builder's final response. You can ask up to three years after the two-year period ends, but should do it as soon as you can. NHBC's decision binds the builder, but not you.

3. Go to the New Homes Ombudsman. This applies if your builder is registered with the New Homes Quality Board and you reserved on or after its activation date. You can check on the board's Register of Developers. You can refer a complaint once the builder has sent its closure letter, or once 56 days have passed since you first complained. The deadline is 12 months after the builder's final closure letter. The 56 days are calendar days.

The Ombudsman is free for buyers. It can order the builder to put things right, apologise, or pay compensation of up to £75,000. It won't visit your home, so your photos and written record are the evidence. You don't have to accept its decision, but if you do, it binds the builder. There is no appeal.

If your builder isn't registered, it may be under another consumer code, such as the Consumer Code for Home Builders. That code has its own dispute scheme, which can award up to £50,000.