Developer Not Fixing Your New-Build Defects? What to Do About Snagging, Failed Repairs and Warranty Problems
What to Do When Your Developer Is Not Fixing New Build Defects
Finding defects in a newly built home is frustrating enough. New Homeowners can find themselves feeling on their own and without the help and support that should be present in the new home industry. It becomes considerably more difficult when the developer just stops responding, rejects your snagging report, repeatedly carries out repairs that do not work or just hide the problem, tells you the problem is “within tolerance”, or directs you to a structural warranty provider that then says the defect is not covered. Finding yourself stuck between your warranty insurer and the developer, both of whome deny liability is not a good place to be.
If your developer is not fixing new-build defects, it is important to separate three different questions:
What is actually wrong with the property?
Who should reasonably be dealing with it?
What evidence do you need to move the matter forward?
A professional snagging report can be an excellent starting point, but identifying a defect and actually getting a developer to accept, investigate and properly repair it are very different things.
This guide explains the practical steps homeowners can take when new-build snagging issues remain unresolved, repairs repeatedly fail, the developer disputes the cause, or a structural warranty claim is rejected.
What counts as a new-build defect?
A new-build defect can range from a relatively minor finishing issue to a significant defect affecting the performance of the building.
Common problems reported by homeowners include:
Water ingress around windows and doors
Leaking patio doors and bifold doors
Roof leaks
Balcony and terrace leaks
Damp patches
Mould growth
Condensation
Cracking to walls and ceilings
Cracked render
Defective brickwork
Loose or uneven floorboards
Squeaking or bouncing floors
Poorly fitted stairs
Drainage problems
Flooding gardens
Blocked or incorrectly installed drainage
Defective gutters and rainwater pipes
Plumbing leaks
Shower and bathroom leaks
Defective sealant
Poorly fitted windows
Doors that do not close or lock correctly
Missing or inadequate insulation
Cold bridging
Draughts
Heating problems
Incomplete works
Poor workmanship
Failed remedial works
Defective roofs, flashings and roof coverings
Problems with driveways, paths and external levels
Some are straightforward snagging items. Others may be symptoms of a more significant construction defect.
That distinction matters.
A patch of damp beside a patio door, for example, does not tell you whether the underlying cause is failed sealant, incorrect external levels, a defective threshold, poor drainage, missing cavity protection, an installation problem or something else entirely.
Treating the symptom without establishing the cause can lead to repeated repairs and continuing damage.
My developer is ignoring my snagging report – what should I do?
This is increasingly where homeowners become stuck.
You may have paid for an independent snagging survey, sent a detailed snagging report to the developer and expected the outstanding defects to be rectified.
Instead, you may receive:
No response at all
A generic acknowledgement followed by silence
Only some items being accepted
Defects marked as “complete” when they remain outstanding
Items rejected without explanation
Statements that defects are “within tolerance”
An instruction to contact the warranty provider
Repeated contractor visits with no permanent repair
A refusal to recognise your independent snagging report
At this stage, simply resending the same 100-item snagging report is not always the best approach.
What is needed is often a structured schedule of the genuinely outstanding and disputed defects.
For each item, record:
What the defect is
Where it is located
When it was first reported
What evidence exists
Whether the developer accepted or rejected it
What repair has already been attempted
Whether that repair worked
What remains outstanding
What response or action is now required
This turns a large snagging list into a much clearer technical complaint.
Should a developer fix snagging defects?
The answer depends on factors including when the home was purchased, the developer, the applicable consumer code, the contract and the nature of the defect.
Where the New Homes Quality Code applies, registered developers must provide an after-sales service for at least two years after completion. The Code says snags should be addressed as soon as possible and, wherever possible, resolved within 30 days.
Where a matter cannot be resolved within that period, the developer should communicate the reason and expected timescale.
Not every property falls under the New Homes Quality Code. Eligibility depends on matters including whether the developer is registered and when the home was reserved.
Homes reserved from 2 March 2026 are dealt with under Version 2 of the Code, while an earlier version applies to relevant homes reserved before that date.
Other properties may fall under another consumer code, warranty scheme or contractual arrangement.
The first step is therefore to establish which protection actually applies to your home.
What if the developer says the defect is “within tolerance”?
“Within tolerance” should not simply end the conversation.
Ask:
What tolerance is being relied upon?
Where is that tolerance published?
Is it contained in the contract, warranty technical standards or another applicable document?
Has the defect actually been measured?
Who carried out the measurement?
What method was used?
Does the stated tolerance apply to this particular component?
Has the developer considered the functional problem as well as the measurement?
A floor, wall or fitting might be capable of being measured against a numerical tolerance, but that does not necessarily answer every technical question.
For example, a homeowner reporting a bouncing floor, loose staircase, leaking window or recurring damp patch is reporting a performance issue, not simply an appearance issue.
The evidence needs to address the actual defect being complained about.
What if the developer says cracking is normal settlement?
Some minor cracking can occur as a new property dries and building materials adjust.
That does not mean every crack should automatically be dismissed as “settlement”.
Relevant considerations can include:
Crack width
Crack pattern
Crack direction
Whether it is increasing
Whether it has reopened after repair
Whether doors or windows have distorted
Whether cracking occurs internally and externally
Whether there is associated movement
Whether the crack follows a particular structural element or junction
Homeowners frequently search for answers to questions such as:
Are cracks normal in a new-build house?
When should I worry about cracks in my new build?
Developer says cracks are settlement – is that correct?
Why have cracks returned after repair?
Is new-build cracking covered by the warranty?
Photographs can help with an initial review, but significant or progressive cracking may require a physical inspection and, in some cases, specialist structural assessment.
What if my new-build home has water ingress or damp?
Water ingress is one of the areas where repeated superficial repairs can become particularly frustrating.
Typical complaints include:
Water coming through new-build windows
Water leaking under patio doors
Damp around bifold doors
Roof leaking in a new-build house
Balcony leaking into the room below
Damp patches around external walls
Mould around window reveals
Water entering around door thresholds
Ceiling staining below bathrooms
Persistent damp after previous repairs
Simply applying more sealant does not necessarily establish why water is entering.
A proper investigation may need to consider:
External levels
Threshold construction
Window or door installation
Drainage routes
Cavity trays
DPC arrangements
Flashings
Roof junctions
Balcony waterproofing
Sealant joints
Cladding interfaces
Rainwater disposal
Plumbing and waste pipes
The important question is not only:
“Where can we see water?”
It is:
“What is the actual route and cause of the water ingress?”
Until that has been established, there is a risk that remedial works simply treat the visible symptom.
What if the developer has already repaired it but the problem has come back?
Repeated failed repairs are important evidence.
Create a simple repair history:
Repair 1: date, contractor and work undertaken Result: defect returned
Repair 2: date, contractor and work undertaken Result: defect returned again
Repair 3: date, contractor and work undertaken Result: still unresolved
Then ask the developer:
What cause was identified before each repair?
What investigation supported that diagnosis?
Why did the previous repair fail?
Has the proposed new repair changed?
How will the repair address the underlying cause?
How will the completed repair be tested?
A history of unsuccessful remedial works can demonstrate why another identical repair may not be a reasonable solution.
How to make a formal complaint about new-build defects
If ordinary customer-care correspondence is getting nowhere, move the matter into the developer's formal complaints process.
Make it explicit.
Use wording such as:
“Formal Complaint – Outstanding New-Build Defects and Failed Remedial Works”
Your complaint should include:
Property address
Completion date
Developer details
Warranty details
Date defects were first reported
Existing snagging report
Outstanding-defect schedule
Photographic evidence
Repair history
Copies of important correspondence
Developer's existing position
Specific action you require
Avoid sending an unstructured chain of dozens of emails if possible.
Make it easy for somebody unfamiliar with the history to understand the problem.
How long should a new-build developer take to respond to a complaint?
Where the current New Homes Quality Code applies, its formal complaints procedure includes defined communication stages.
The developer should provide written acknowledgement no later than five days from the complaint start date and a Path to Resolution Letter no later than ten days from that date. If the complaint remains open, an Eight-Week or 56-day letter should set out what has been done, what remains outstanding and what happens next.
Those requirements only apply where the relevant Code applies to the property and developer.
If you do not know which consumer code applies, check your reservation documents, completion information, warranty documentation and the developer's complaints procedure.
Can I complain to the New Homes Ombudsman?
Potentially.
The New Homes Ombudsman Service provides an independent route for eligible complaints involving developers registered with the New Homes Quality Board.
Eligibility needs to be checked carefully. The developer must have the appropriate active registration and the timing of the reservation is relevant. The NHQB advises homeowners to complain directly to the developer first and check the Register of Developers before seeking Ombudsman involvement.
The New Homes Quality Code does not remove other legal rights that may be available to a homeowner.
What if my developer is not covered by the New Homes Quality Code?
Do not assume that means there is nowhere else to go.
Another consumer code may apply.
For example, where the Consumer Code for Home Builders applies, its Independent
Dispute Resolution Scheme can consider certain unresolved complaints after the homeowner has followed the required complaint process. Its current rules include circumstances where a complaint has remained unresolved for 56 calendar days, subject to the scheme's eligibility requirements. citeturn720423search26
The correct route depends on the home, developer, reservation date, warranty provider and applicable scheme.
Is a structural warranty the same as the developer's defect liability?
No.
This is an important distinction.
A structural warranty is not necessarily a guarantee that every construction defect, cosmetic snag or workmanship problem will be repaired throughout the entire warranty period.
Warranty policies contain:
Definitions
Coverage requirements
Exclusions
Excesses
Minimum claim values or thresholds
Different periods of protection
Specific requirements concerning the nature and severity of damage
Consequently, a defect may be a genuine construction problem but still fall outside the insurance section of a structural warranty.
Equally, a warranty rejection does not automatically prove that the construction is satisfactory.
It may simply mean that the particular issue does not meet that policy's coverage requirements.
That is why it is important to separate:
Is there a defect?
from:
Is that defect insured under this particular warranty?
My structural warranty claim has been rejected – what should I do?
If a new-build warranty claim has been rejected, start by understanding exactly why.
Read the decision carefully and identify:
The policy provision relied upon
The stated cause of damage
Any exclusion being applied
Whether the decision is based on an inspection
Whether the cause has actually been established
Whether further evidence has been requested
Whether potentially relevant evidence has been overlooked
Then compare the decision against:
The policy wording
Certificate of insurance
Photographs
Survey reports
Developer correspondence
Repair history
Technical evidence
Any independent inspection findings
A rejected structural warranty claim may require a very different response depending on whether the disagreement concerns causation, severity, policy interpretation, exclusions or evidence.
Can I complain about a structural warranty provider?
Where the warranty involves a regulated insurance policy, there may be a formal insurance complaints process.
For most financial complaints, the Financial Ombudsman Service says the financial business normally has up to eight weeks to consider the complaint. Where an eligible customer remains dissatisfied with a final response, a referral to the Financial Ombudsman Service will normally need to be made within six months of that response.
Not every dispute or every element of a structural warranty arrangement necessarily falls within the Financial Ombudsman Service's jurisdiction, so eligibility should be checked for the particular policy and complaint.
What evidence should I keep for a new-build defect dispute?
Evidence can make an enormous difference.
Keep:
Your purchase contract
Reservation documents
Property specification
Structural warranty certificate
Full warranty policy wording
Professional snagging report
Photographs
Videos
Emails
Developer portal screenshots
Text messages where relevant
Dates and notes of telephone calls
Contractor attendance records
Repair appointments
Details of previous repairs
Developer inspection reports
Warranty inspection reports
Independent survey reports
Quotations for remedial work
Receipts for reasonable investigation costs
Where the defect changes with weather or time, record that too.
For water ingress, for example, note:
Date
Approximate weather
Location
Extent
Photographs
Whether the area was previously repaired
Do not rely on memory months later.
Should I get an independent new-build defect survey?
An independent inspection may be worthwhile where:
The cause is disputed
The developer's explanation does not appear credible
Repairs repeatedly fail
There is significant water ingress
Cracking appears substantial or progressive
The developer refuses to investigate
Different parties are giving conflicting explanations
A warranty decision appears to depend on the cause
Significant remedial work is proposed
The financial consequences are substantial
Not every snag requires a full survey.
Sometimes an independent remote review of photographs, reports and correspondence is enough to establish the next sensible step.
More complicated matters may require a physical inspection, moisture testing, water testing, opening-up or a specialist engineer.
What if my professional snagging report has been rejected?
A snagging report does not automatically compel a developer to accept every item.
Equally, a developer should be able to explain why it considers an item acceptable.
Where a snagging report has been ignored or rejected, it can help to categorise every disputed item as:
Accepted but outstanding
Rejected
Previously repaired but unsuccessful
Alleged to have been completed
Requiring further investigation
Requiring further evidence
Potentially outside the relevant snagging obligations
This is often much more effective than repeatedly forwarding the original report.
A structured technical escalation can then ask the developer for a specific item-by-item response.
What if the developer says it is a maintenance issue?
Ask them to explain why.
A developer describing something as “maintenance” does not by itself establish the cause.
Relevant questions might include:
What component requires maintenance?
What maintenance was required?
Where was that requirement communicated to the homeowner?
What evidence shows that lack of maintenance caused the problem?
When was the component inspected?
Has defective installation been ruled out?
The same principle applies when homeowners are told problems are caused by:
Condensation
Lifestyle
Normal shrinkage
Settlement
Lack of ventilation
Wear and tear
Incorrect cleaning
Weather exposure
Any explanation should be considered against the available evidence.
Should I accept the developer's proposed repair?
Before accepting significant remedial works, understand:
What defect is being repaired?
What cause has been identified?
What work is proposed?
Does the work address that cause?
What will be removed?
What will be replaced?
How will surrounding finishes be made good?
Will Building Regulations approval be required?
Is specialist design needed?
Who will carry out the work?
How long will it take?
Will you need to leave the property?
How will the repair be checked?
What happens if the defect returns?
For larger defects, an independent review of the proposed remedial works may be sensible before allowing extensive work to begin.
Can I take legal action against my new-build developer?
Potentially, but this depends heavily on the individual circumstances.
Possible rights may arise from the purchase contract, legislation, specific representations made during the sale and other legal duties.
For serious building defects, the Defective Premises Act 1972 may also be relevant in certain circumstances. Amendments introduced by the Building Safety Act extended certain limitation periods, including prospective 15-year and retrospective 30-year periods for specified claims under section 1 of the Defective Premises Act. However, the legal tests and limitation position can be complex.
Do not rely on a general internet article to calculate a legal deadline.
If litigation is genuinely being contemplated, particularly where repair costs are substantial, obtain advice from an appropriately qualified solicitor.
Before escalating: build the technical case
A strong new-build defect complaint normally answers four things:
1. What is wrong?
Describe the physical defect clearly.
2. What evidence supports it?
Use photographs, measurements, inspection findings, reports and repair history.
3. What has already happened?
Create a clear chronology of reports, inspections and unsuccessful repairs.
4. What do you want the developer to do?
For example:
Inspect the defect
Explain its technical position
Undertake further investigation
Provide a repair proposal
Complete outstanding snagging works
Review a previous rejection
Provide a programme for remedial works
Avoid vague demands such as:
“Fix everything immediately.”
Specific requests are easier to measure and escalate.
Common questions homeowners ask about unresolved new-build defects
My developer has stopped responding – what can I do?
Move correspondence into the formal complaints process, create an organised defect schedule and set out the response and actions you require. Check which consumer code applies and whether an external dispute-resolution route is available.
My developer keeps cancelling repair appointments. What should I do?
Keep a chronological record of every appointment, cancellation and missed attendance. Include this history in the formal complaint and request a realistic repair programme.
The builder repaired the defect but it came back. Is that important?
Yes. Record the failed repair. Recurrence may indicate that the repair did not address the underlying cause.
My new-build window is leaking. Should the developer just reseal it?
Not necessarily. Sealant may be relevant, but recurring water ingress can have numerous causes. The appropriate repair should follow a reasonable investigation of the water path.
Are cracks in a new build automatically covered by the ten-year warranty?
No. Coverage depends on the particular policy wording, warranty period, nature of the damage and relevant policy requirements.
My snagging report contains 100 defects. Will the developer have to fix them all?
Not automatically. Each item needs to be considered on its merits. A useful next step is often to identify which items remain outstanding, disputed or unsuccessfully repaired.
Can a defect still be the developer's problem if the structural warranty will not cover it?
Potentially, yes. Structural warranty insurance and developer obligations are separate matters. A policy declining insurance coverage does not itself determine whether workmanship was satisfactory or whether another remedy exists.
Should I pay for another survey?
Not always. Start by identifying what question actually needs answering. A remote technical review may be sufficient in some cases; others require physical inspection or specialist investigation.
How New Home Resolve can help
New Home Resolve provides independent new-build defect and dispute support for homeowners who are struggling to obtain clear answers or a satisfactory resolution.
Depending on the circumstances, services can include:
An independent review of the reported problem, photographs and explanations already provided to help identify plausible causes and sensible next steps.
For homeowners who already have a professional snagging report but whose developer has ignored, rejected or failed to complete the outstanding items.
An indicative review of the relevant warranty wording against the reported defect to help homeowners understand potentially relevant coverage provisions and evidence requirements.
Technical assistance to help a homeowner organise the defect history, photographs and supporting evidence into a clear submission.
A structured technical escalation setting out the defects, evidence, repair history, outstanding questions and actions being requested.
An independent physical inspection where the cause or extent of a defect cannot reasonably be assessed remotely.
Defined-stage technical assistance for more complicated or prolonged developer disputes.
Remote consultancy services are available throughout the UK, with physical property inspections available across the North of England.
Still getting nowhere with your new-build developer?
If your developer is ignoring your snagging report, repairs keep failing, you have been given conflicting explanations or your structural warranty claim has been rejected, obtaining an independent technical view can help you understand what is actually missing from the case.
New Home Resolve helps homeowners turn unresolved new-build problems into clear, evidence-based next steps.
Important information
This article provides general information and is not legal advice, structural engineering advice for a particular property or a decision on insurance coverage. The appropriate course of action depends on the property, developer, contractual documents, applicable consumer code, warranty wording and individual circumstances.
In some cases, the cost of independent professional advice may be recoverable under a successful structural warranty claim. This depends on the policy wording and the warranty provider’s agreement, so reimbursement cannot be guaranteed.
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