Your New Build Rights: NHBC Buildmark, the Builder's Warranty and the New Homes Ombudsman

Your new build rights come from two separate things working together: a warranty (usually a 10-year policy such as NHBC Buildmark) that says defects in the build will be put right, and a consumer-protection framework (a code of practice, and in many cases the New Homes Ombudsman) that says the developer has to treat you fairly and handle your complaints properly. Most buyers find this confusing because the two get muddled, and because the rules differ slightly depending on who built your home and which warranty and code apply. This guide pulls it apart in plain English so you know exactly where you stand, what is covered, who fixes what, and what to do when a developer goes quiet.

A quick, honest note before we start: this is general information to help you understand the system, not legal advice. The exact terms, deadlines and cover depend on your specific warranty policy, your reservation agreement and which code your developer signed up to. Always read your own documents, and if a dispute gets serious, take proper advice.

Your new build rights at a glance

Here is the short version, before we get into the detail:

• Your new home almost certainly comes with a 10-year warranty. The first two years are the "builder" or "defects" period, where the developer fixes defects. Years 3-10 are narrower, covering mainly major structural problems through the warranty provider.
• NHBC Buildmark is the most common warranty, covering roughly 80% of new homes, but it is not the only one. Premier Guarantee, LABC Warranty and Checkmate are the other main providers.
• A consumer code sits alongside the warranty and governs how the developer must treat you. There are two in play: the older Consumer Code for Home Builders and the newer New Homes Quality Code (NHQC).
• If your developer is registered with the New Homes Quality Board, you can escalate an unresolved complaint to the New Homes Ombudsman Service (NHOS), free of charge, for up to two years after completion.
• Defects in the build are the developer's responsibility to fix at no cost to you during the builder period - provided you report them properly and on time.
• When a developer drags their feet, there is a proper escalation path: their own formal complaints process first, then the warranty provider's resolution service or the relevant Ombudsman/code scheme.

The rest of this guide explains each of these, and exactly how to use them.

The new home warranty explained

Nearly all new builds in the UK are sold with a structural warranty that lasts 10 years from the date your home is completed. It is not a single block of cover, though. It is split into two phases that work very differently, and confusing them is the single most common mistake buyers make.

Years 1-2: the builder (defects) period

For roughly the first two years, the developer who built your home is responsible for putting right anything that falls short of the warranty provider's standards. This is where the vast majority of ordinary snags live: doors that stick, leaks, faulty heating, poor finish, cracked tiles, drainage that does not drain.

In NHBC's own words for Buildmark, "the builder, not NHBC, is responsible for rectifying problems arising from the builder's failure to meet NHBC requirements" during this period. The warranty provider sits behind the builder as a backstop - NHBC, for example, guarantees the builder's obligations - but in normal circumstances it is the developer who arranges and pays for the repairs.

So this is the phase that matters most for snagging. If you have just moved in and you are logging defects, you are working within the builder period, and the developer should be fixing those items for free.

Years 3-10: the structural (insurance) period

From around the third year onwards, the cover changes character. The developer is no longer on the hook for everyday defects, and the warranty narrows to major, structural problems - the cost of putting right physical damage to things like the foundations, load-bearing walls, the roof structure, staircases, chimneys, and certain other defined parts of the home. In this phase the warranty provider (not the builder) handles valid claims, often by paying to put the damage right.

Cosmetic and minor functional snags are generally not covered this far out. That is exactly why getting your snagging done thoroughly and early, inside the two-year builder period, matters so much - it is the window where the broadest range of defects is the developer's problem to fix.

The exact length of the builder period, the standards used, the start date and the precise list of what is and is not covered all vary by provider and policy. Two years is the typical shape, but check your own warranty booklet for the specifics rather than assuming.

Who is your warranty provider? (NHBC and the others)

Most buyers assume "the warranty" means NHBC, and often it does, but not always. It is worth knowing who actually backs your home.

• NHBC Buildmark is by far the largest provider. The National House Building Council is the UK's biggest new-home warranty body, and around 80% of new builds carry an NHBC warranty. Buildmark is the 10-year warranty and insurance product you will see most often.
• Premier Guarantee is the next best known, offering a 10-year structural warranty in a broadly similar format. It holds a meaningful slice of the market.
• LABC Warranty is provided in partnership with Local Authority Building Control and is widely used across England and Wales.
• Checkmate provides 10-year latent-defect (structural) warranty policies for housebuilders.

Together these providers cover the large majority of new homes. They are structured along the same broad lines - a builder period followed by longer structural cover - but the detailed terms, standards and claims processes differ. The practical takeaway: find out which provider backs your home, then read that provider's documents. The booklet you were given on completion (or that your solicitor holds) tells you who your provider is, when your cover started, and how to claim.

The Consumer Code for Home Builders vs the New Homes Quality Code

Separate from the warranty (which is about fixing the building) is the consumer code (which is about how you are treated). There are two codes in circulation, and which one applies to you depends on your developer.

The Consumer Code for Home Builders is the longer-established code. It applies to homes built by developers registered with the main warranty bodies - NHBC, Premier Guarantee, LABC Warranty and Checkmate - which between them account for the overwhelming majority of new homes. It sets standards for fair treatment from reservation through to two years after completion, and provides an independent dispute resolution scheme.

The New Homes Quality Code (NHQC) is the newer framework, run by the New Homes Quality Board (NHQB). It was created to fill gaps and raise the bar, and it is the code that comes with access to the New Homes Ombudsman. A key difference is the complaints process: the NHQC sets out a structured timetable that developers must follow, and it gives buyers the right to escalate to the Ombudsman if things are not resolved.

An important honesty point: registration with the New Homes Quality Code and the Ombudsman scheme has been voluntary for developers, rather than universal. That means not every buyer is automatically covered by the NHQC and the Ombudsman - it depends on whether your specific developer registered, and when. You may be covered by the older Consumer Code instead, or in some cases by both. The way to find out is to check which code your reservation paperwork references, and to look up your developer.

The New Homes Ombudsman: who's covered and what it can do

The New Homes Ombudsman Service (NHOS) is a free, independent body that buyers can escalate to when a registered developer fails to resolve a complaint properly. It is the part of the system with real teeth, because the Ombudsman can make binding decisions and require a developer to take action or pay compensation.

Here is the honest picture of who it covers and how it works:

• Who is covered: customers who reserved their home from a developer that is registered with the New Homes Quality Board, on or after that developer's registration date. Cover generally runs from reservation and for up to two years after legal completion.
• Who is not covered: if your developer never signed up to the New Homes Quality Code, the Ombudsman route is not open to you (you would rely on the Consumer Code's dispute scheme and your warranty provider instead). It also does not cover issues that fall outside the time window, or complaints you have not first put to the developer.
• What it handles: failings against the Code across the whole journey - reservation, the sales process, completion, handover and after-sales - including defects and issues arising after you move in that are not major structural matters.
• Before you can use it: you must give the developer a fair chance first. In practice you generally have to wait a set period after raising your complaint with the developer before the Ombudsman will take it on. The New Homes Quality Code references a 56-day point - broadly, if your complaint to the developer has not been resolved within that time, you can escalate. There is also a deadline at the other end (escalation has to happen within a defined window after the developer's final response or closure letter). The exact day-counts and rules can change, so check the current NHOS guidance and your own documents rather than treating any single figure here as fixed.

In short: the Ombudsman is powerful, but it is a route for people whose developer is in the scheme, and only after the developer has been given a proper chance to put things right.

Your right to a pre-completion inspection

One of the more useful rights under the New Homes Quality Code is the right to a pre-completion inspection (PCI) before you legally complete. This lets you (or a professional acting for you) walk the finished home and record defects while it is still being handed over - which is the strongest moment to snag, because the developer cannot later argue you caused the marks.

Under the Code, the choice of who carries out that inspection sits with the buyer: you can use the New Homes Quality Board's own pre-completion inspection checklist and do it yourself, rather than being forced to pay for a professional. A professional snagging surveyor is still a sensible option on a larger or more complex home, but the point is that the right to inspect before handover is yours.

If your developer is not signed up to the NHQC, a formal PCI right may not apply in the same way, but many developers still offer a "home tour", "home demonstration" or similar walkthrough. Use whatever access you are given. We cover when and how to snag in detail in new build snagging explained and the snagging period explained.

Getting defects fixed: the developer's responsibility

During the builder period, the principle is simple and firmly in your favour: defects in the build are the developer's responsibility to fix, at no cost to you. You do not pay tradespeople to put them right, and you do not claim on your own home insurance for genuine new-build defects.

What you do have to do is hold up your end:

• Report defects properly and in time. Cosmetic snags are easiest to get sorted if flagged quickly, ideally in the first days after you get the keys, before there is any argument about who caused a mark. Functional and build defects are generally covered through the two-year builder period, but earlier is always better.
• Put it in writing. Use email or the developer's portal, not a phone call you cannot later prove. A written record is what protects you.
• Give clear, evidenced descriptions. "Deep scratch across the kitchen worktop near the sink" with a photo beats "worktop damaged" every time.
• Do not start fixing things yourself. That can muddy who was responsible and undermine your claim.

The developer should acknowledge your list, prioritise safety issues, schedule trades and put the items right. Expect it to take weeks rather than days, and to need polite persistence. For the practical playbook on chasing repairs, see how to get your developer to fix your snags.

What to do when the developer drags their feet

This is the question most people land on this page for. If a developer goes quiet or refuses to fix legitimate defects, you escalate - in order. Do not jump straight to the Ombudsman or the warranty provider; the system expects you to climb the ladder one rung at a time, and skipping steps usually just bounces your complaint back.

The honest order is:

1. Raise it formally with the developer. Put your complaint in writing and ask them to treat it as a formal complaint under their complaints procedure. Reference your warranty and (if it applies) the code your developer signed up to. Keep copies of everything.
2. Follow the developer's formal complaints process to the end. Let it run its course and get their final written response. Under the NHBC framework, for example, you generally need to complete the builder's complaints process and have their final decision (or have waited the defined period - NHBC references 30 days - without an adequate response) before the next step opens up.
3. Escalate to the warranty provider's resolution/claims service. If you are not satisfied with the developer's final decision - or they have not responded in time - you can ask your warranty provider to step in. NHBC, for instance, offers a resolution service once the builder's process has been exhausted. Other providers have their equivalents. This is where the warranty's backstop role kicks in.
4. Escalate to the relevant Ombudsman or code scheme. If your developer is registered with the New Homes Quality Board, you can take an unresolved complaint to the New Homes Ombudsman Service (typically after the set waiting period and within the relevant deadlines). If you are under the older Consumer Code for Home Builders instead, that code has its own independent dispute resolution scheme you can use. Either way, the Ombudsman/scheme can make decisions the developer has to act on.

Keep evidence: it is what makes your rights real

Your warranty and your code rights only do anything if you can show what was wrong, where, and when. Every part of this system - the developer's complaints process, the warranty provider's resolution service, the Ombudsman - runs on evidence. A vague verbal complaint gets deprioritised. A clear, dated, photographic record gets taken seriously and is hard to wave away.

A solid evidence record for each defect has four things:

1. A clear description in plain terms.
2. Photos - one close-up of the defect, one showing where it is in the room.
3. A location - the room, and ideally a pin on a floor plan so there is no doubt.
4. A date - when you found it, which is what protects you in any dispute about whether a defect was there at handover.

Bundle it into a single, tidy document (a PDF is the standard), keep your own copy, and send it in a way that creates a record. If your complaint ever climbs the escalation ladder, that dated, evidenced record is the single most useful thing you can put in front of an Ombudsman.

For the full method, see how to document snags so they can't be dismissed.

Frequently asked questions

What is the difference between the builder warranty and the structural warranty?

They are two phases of the same 10-year policy. The builder (or defects) period is roughly the first two years, when the developer is responsible for fixing defects that fall short of the warranty standards - this is where most snags sit. From around year three to year ten, cover narrows to major structural problems and is handled by the warranty provider rather than the builder. Always check your own policy for the exact terms and dates.

Is NHBC Buildmark the only new build warranty?

No. NHBC Buildmark is the most common, covering around 80% of new homes, but it is not the only provider. Premier Guarantee, LABC Warranty and Checkmate are the other main providers, and there are smaller ones too. Your warranty documents will tell you who actually backs your home, which matters because the claims process differs by provider.

Am I automatically covered by the New Homes Ombudsman?

Not automatically. The New Homes Ombudsman Service covers buyers whose developer is registered with the New Homes Quality Board, for homes reserved on or after that developer's registration date, generally up to two years after completion. If your developer is not registered, that route is not open to you and you would rely on the Consumer Code for Home Builders' dispute scheme and your warranty provider instead. Check your developer's status on the Register of Developers and read your reservation agreement.

Do I have to pay to fix new build defects?

No. Genuine defects in the build are the developer's responsibility to fix at no cost to you during the builder period, provided you report them properly and within the relevant window. You should not be paying tradespeople or claiming on your own home insurance for them. Normal wear and tear, and damage you cause after moving in, are not covered.

My developer is ignoring me. What can I actually do?

Escalate in order. Raise a formal written complaint with the developer and let their complaints process run to a final response. If you are not satisfied (or they do not respond in time), ask your warranty provider's resolution service to step in. If your developer is registered with the New Homes Quality Board, you can then take it to the New Homes Ombudsman; if you are under the Consumer Code for Home Builders, use that code's dispute resolution scheme. Keep everything in writing and evidenced. See how to get your developer to fix your snags.

How long do I have to claim?

It depends on the type of defect, your warranty provider and your code. Cosmetic snags are easiest to get fixed if reported within the first days. Functional and build defects are generally covered through the two-year builder period. Structural cover runs to year ten. Code and Ombudsman protections typically run to two years after completion, with their own waiting periods and deadlines for escalation. These details vary, so check your own documents and the current scheme rules rather than relying on a single figure.

General information, not legal advice

This guide is general information to help you understand how new build warranties, consumer codes and the New Homes Ombudsman fit together in the UK. It is not legal advice, and it is not a substitute for your own warranty policy, reservation agreement or professional advice. Exact cover, standards, timescales and deadlines vary by warranty provider, by code and over time, so always read your own documents and confirm the current rules with your warranty provider, the New Homes Quality Board or the New Homes Ombudsman. If a dispute becomes serious or high-value, consider taking proper legal advice.

The bottom line

Your new build rights are stronger than most buyers realise, but they only work if you understand the system and use it properly. Know which warranty backs your home and which code your developer signed up to. Snag thoroughly inside the two-year builder period, when the broadest range of defects is the developer's problem to fix. Report everything in writing, with photos, locations and dates. And if a developer goes quiet, climb the escalation ladder in order: their complaints process, then the warranty provider's resolution service, then the relevant Ombudsman or code scheme.

The thread running through all of it is evidence. If you are buying or have just moved into a new build, the buyer-focused walkthrough at for new build buyers ties this together, and SnagPal is a free, offline, no-account iOS app that turns your photos and notes into the dated, developer-ready PDF that makes every one of these rights easier to enforce.