A developer saying that an issue is “not covered” can be frustrating, particularly when you have only recently moved into a new-build home. So, can builders refuse repairs? They can decline some requests, but they cannot simply dismiss genuine defects that fall within their contractual obligations, the builder warranty or relevant consumer protections.
The key is to separate a true defect from normal settlement, homeowner damage, maintenance responsibility or a matter of agreed finish and tolerance. An independent, evidence-led inspection can make that distinction clear and give you a stronger basis for asking the builder to put the problem right.
When can builders refuse repairs?
A builder may have a valid reason to refuse a repair where the issue was caused after completion, results from poor maintenance, or falls outside the scope of the warranty and purchase contract. For example, a cracked tile caused by a dropped object, blocked gutters that have not been maintained, or damage caused by unauthorised alterations will not usually be the developer’s responsibility.
Some minor changes are also expected as a new home dries out and settles. Small shrinkage cracks, particularly around plasterboard joints, can occur during the first year. However, “settlement” should not become a blanket explanation for defects such as persistent cracking, poorly fitted doors, water ingress, failed seals, uneven finishes, faulty drainage or inadequate roof construction.
Developers may also refer to workmanship tolerances. New homes are not expected to be perfect under every lighting condition or from every viewing angle. Yet tolerances are not a free pass for poor workmanship. If an issue is visible in normal use, affects performance, creates a risk of further damage, or falls below recognised technical standards, it deserves proper assessment.
A refusal is more likely to be reasonable if the builder has inspected the issue, explained its decision clearly and provided a practical basis for it. A brief verbal dismissal at a customer care appointment is not the same as a considered response supported by evidence.
The first two years: the builder’s repair period
Most new-build homes are sold with a structural warranty, often through providers such as NHBC, LABC Warranty or Premier Guarantee. Although the wording differs between schemes, the first two years after legal completion are generally known as the builder’s defect or rectification period.
During this period, the developer is normally responsible for rectifying defects arising from its work or materials. This commonly includes problems with finishes, joinery, plumbing, electrics, heating installation, doors and windows, roofing, drainage and external works. The warranty provider may not step in immediately during these first two years because the builder is expected to have the first opportunity to resolve the matter.
Keep in mind that the two-year period is not the only source of protection. Your reservation agreement, contract of sale, warranty documents and consumer rights may all be relevant. The Consumer Rights Act 2015 may also apply where services have not been carried out with reasonable care and skill, though the correct legal route will depend on the contractual arrangements and circumstances of your purchase.
After the initial two years, the structural warranty may provide cover for specified major defects, usually relating to the home’s structural elements or failure to meet the provider’s technical requirements. It is not normally a catch-all policy for cosmetic snags, routine maintenance or every item that has deteriorated over time.
What a builder should not refuse without proper grounds
A developer should not reject a repair simply because the issue is inconvenient, expensive or was not raised on the day you completed. Many defects only become apparent after occupation, changes in weather or normal use of the property.
Examples that warrant investigation include repeated water penetration around windows or roofs, cold areas suggesting insulation gaps, persistent condensation caused by faulty installation, cracking that continues to widen, drainage failures, loose brickwork, incomplete fire stopping, poorly installed loft insulation and doors that will not close correctly. These are not merely matters of appearance where they affect the home’s safety, weather resistance, energy performance or day-to-day function.
It is also worth challenging vague responses such as “within tolerance” or “that is normal” where no measurement, standard or inspection evidence has been supplied. Ask the builder to confirm precisely why it considers the item acceptable, what standard it has applied and whether it inspected the underlying cause rather than just the visible symptom.
How to challenge a refusal effectively
The strongest approach is calm, written and evidence-based. Report the defect through the developer’s formal customer care process and keep a dated record of every contact. Include clear photographs and videos, identify the exact room or location, explain when the problem occurs and state how it affects the property.
Avoid accepting an informal verbal assurance that an item has been logged. Ask for a reference number, the proposed action and a target date for inspection or repair. If the builder says the issue is not its responsibility, request that decision in writing.
Where several defects are involved, a schedule is far more effective than a series of separate emails. Record each item with its location, description, supporting photographs, date reported, the developer’s response and the current status. This creates a clear audit trail and prevents items being overlooked or repeatedly closed without a proper fix.
Do not allow unresolved defects to drift beyond the two-year period. Report them promptly and retain proof that they were raised while the builder remained responsible. If a repair is attempted but fails, document that too. A poorly completed repair does not necessarily resolve the underlying defect.
Why an independent inspection changes the conversation
Homeowners are often expected to describe technical defects without the tools or construction knowledge to identify their cause. A snagging inspection provides an independent assessment of visible workmanship, installation quality and potential compliance concerns. It can identify whether an apparent cosmetic issue may point to a more significant construction problem.
For example, staining to an upstairs ceiling may require investigation of roof detailing, flashing, ventilation or plumbing rather than a simple repaint. A cold wall may indicate missing insulation, thermal bridging or air leakage. A surveyor’s report can record the evidence, assess the likely cause and set out practical remedial recommendations.
This does not mean every finding automatically creates a legal claim or guarantees warranty cover. It does, however, move the discussion away from opinion. A detailed report gives the developer a defined list of concerns to assess and gives you a reliable record if escalation becomes necessary.
New Homes Inspections uses evidence-led reporting to help owners identify defects before completion, during the builder’s rectification period and before the end of the two-year warranty stage. Where appropriate, thermal imaging and roof inspection methods can add useful evidence where the issue is not fully visible from ground level or within the home.
Escalating when repairs are still refused
If the developer does not resolve a valid concern, start with its published complaints procedure. Set out the history, attach your evidence and state the outcome you are seeking. Be specific: request investigation, rectification of the stated defect and a written timetable, rather than simply asking the builder to “sort it out”.
If your developer is registered with the New Homes Quality Board and your purchase is covered by the New Homes Quality Code, the New Homes Ombudsman Service may be available after you have completed the developer’s complaints process. Check the scheme documents that applied when you reserved your home, as eligibility and time limits matter.
For structural warranty concerns, notify the warranty provider in writing and follow its dispute or resolution process. Provide the builder correspondence, inspection report, photographs and proof of dates. The provider may expect you to demonstrate that you gave the builder a reasonable opportunity to rectify the issue first.
Serious safety issues, including suspected gas, electrical, structural or fire safety defects, should not wait for a routine customer care appointment. Take appropriate immediate safety advice and notify the relevant parties. Building Regulations concerns can also be raised with building control, although this route is not generally a substitute for securing practical repairs from the developer.
Protect your position before the warranty deadline
The most effective time to identify defects is before they become disputed. A pre-completion inspection can highlight issues before you take ownership, while a post-completion snagging survey gives you documented evidence soon after moving in. A further inspection as the two-year point approaches can identify items that have emerged during occupation and need to be reported before the builder’s repair period ends.
You do not need to be confrontational to be firm. Ask for decisions in writing, keep evidence organised and obtain an independent assessment where the explanation does not match what you can see in your home. That approach protects your investment and gives genuine defects the best chance of being properly repaired.