Published 2026-07-19 · New Build Mortgage Guide · Written and reviewed by Phillip Wakeling-Smith (CeMAP)
New-build warranty claims: what's actually covered, and what to do when they say no
Quick answer: A 10-year new-build warranty is really two different products stapled together. In roughly years 0–2, the builder must fix defects, with the warranty provider acting as backstop and referee. From years 3–10, it becomes structural insurance only — covering major load-bearing and weatherproofing failures, not the dripping tap, failed boiler or cracked plaster people assume. Claims in the insurance years typically carry an excess of £1,000+, and refusals can be escalated: these warranties are insurance products, so the Financial Ombudsman Service sits behind the provider's own process.
Who's who: the big three providers
NHBC (Buildmark) covers the large majority of new homes, with Premier Guarantee and LABC Warranty covering most of the rest, plus smaller providers (ICW, Global Home Warranties, Build-Zone and others). The cover structure is broadly similar across them; processes, excesses and resolution services differ in the details. One practical note that matters before you buy: not every lender accepts every warranty provider — our warranty acceptance checker shows which lenders accept which provider, and it's a completion-blocker when it goes wrong.
Years 0–2: the builder-liability period
Defects in this window — from snags to serious faults — are the builder's responsibility to put right. The process that works:
- Report everything in writing to the builder's customer-care channel (email, not phone), with photos and dates. Your snag list from a professional inspection is the foundation document.
- Chase on a schedule, keeping the thread. Most builders fix most things; the paper trail is for the ones that don't.
- Builder stalling or refusing? Invoke the warranty provider's resolution service (NHBC's is the best known): they inspect, and can instruct the builder — and if the builder still fails or has gone bust, the provider steps in under the warranty itself.
- Buying-stage protections still apply: for homes under the New Homes Quality Code, the New Homes Ombudsman covers complaints in the first two years, in parallel with the warranty route.
The two-year deadline is real: report everything before it passes, however minor it seems — an unreported issue that worsens in year 3 becomes a much harder structural-only claim.
Years 3–10: structural insurance, and the expectations gap
From year three, cover narrows to major structural defects: foundations, load-bearing walls, roofs, chimneys, external render — failures of the building's structure or weatherproofing caused by breach of the provider's technical standards. Not covered: general wear, condensation, appliances, boilers, fences, and most of what actually annoys homeowners. This is the single biggest expectations gap in new-build ownership.
Claiming in this period means claiming against the insurer, not the builder (it doesn't matter if the builder's SPV has been dissolved — the policy stands on its own, which is also why a developer winding up a per-site company after completion is normal practice, not a warranty problem). Expect: a claims form, an inspection, a technical decision against the provider's standards, and — on most non-NHBC policies and newer NHBC ones — a policy excess commonly £1,000+ per claim, indexed on some policies.
When the claim is refused
Work the ladder in order, keeping everything in writing:
- The provider's internal complaints process — required first step, and ask explicitly for the technical justification against their published standards.
- Independent evidence — your own chartered surveyor's or structural engineer's report changes refusals more than correspondence does.
- Financial Ombudsman Service — warranty providers are insurers; eligible complaints about claims handling and refusals can go to the FOS free of charge once the internal process is exhausted (or after 8 weeks).
- Legal routes — for larger disputes: the Defective Premises Act (extended limitation periods under the Building Safety Act for some claims), small claims for modest sums against a still-trading builder, or professional-negligence angles. Take legal advice before spending here; costs escalate fast.
FAQ
What does a new-build warranty actually cover after two years?
Major structural and weatherproofing defects only — foundations, load-bearing elements, roof structure. Snags, finishes, appliances and services are out of scope from year three. If it isn't structural, the warranty almost certainly isn't the route.
My builder dissolved the company that built my estate — is my warranty void?
No. The warranty is an insurance policy from NHBC/Premier/LABC etc., separate from the builder. Years 3–10 claims never needed the builder to exist; in years 0–2, the provider steps into a failed builder's shoes.
Is there an excess on warranty claims?
Usually yes in the insurance years — commonly £1,000+ per claim depending on provider and policy vintage (check your certificate; some index it). Years 0–2 builder-liability fixes carry no excess.
Can I go to the Ombudsman about a warranty refusal?
Yes — the Financial Ombudsman Service for the insurance claim itself, once the provider's complaints process is exhausted. (The New Homes Ombudsman is the separate body for complaints about the builder in the first two years under the Quality Code.) Both are free to use.
Does the warranty cover me if I buy a second-hand new build (2 years old)?
The remaining term transfers with the property — you'd inherit years 3–10 structural cover. Check the certificate exists and the provider is lender-accepted before you commit: the warranty checker covers the lender side.