When purchasing a new build home, you expect the property to be delivered to the highest standards. However, even with the most reputable builders, issues can sometimes arise in new properties. To protect homeowners, most new build properties in the UK come with a 10-year warranty, with the most common being the NHBC Buildmark warranty. An important feature of this warranty is the NHBC Dispute Resolution Service, which can help homeowners resolve disagreements with builders when problems occur during the initial warranty period.

The NHBC Buildmark warranty divides coverage into different sections, with the builder warranty period typically covering the first two years after the start date of the policy (as shown on your policy certificate). During this period, the builder, not NHBC, is responsible for rectifying any defects or issues that arise from their failure to meet NHBC’s Technical Requirements.

Reporting Defects to Your Builder

If you notice any defects in your new home, it is essential to follow these steps:

1. Report them to your builder in writing as soon as possible after discovery, but always within the two-year builder warranty period.
2. Keep detailed records of all communications with your builder, including dates of contact, the person you spoke with, and what was discussed.
3. Allow the builder reasonable access to your property to inspect the issues and carry out necessary repairs.
4. Give the builder a reasonable amount of time to complete the required work.

Maintaining thorough documentation is crucial, as this will serve as evidence that you contacted the builder within the required timeframe should any disputes arise later.

Promptly identifying and formally reporting defects in your new build home constitutes perhaps the most critical step in protecting your interests under the NHBC warranty. The two-year builder warranty period represents your window of opportunity to hold the builder accountable for defects resulting from their failure to meet NHBC Technical Requirements. This period begins on the policy start date shown on your Insurance Certificate or Ten Year Notice. To preserve your rights under the warranty, you must report any defects to your builder in writing as soon as reasonably possible after discovery, but always within this two-year timeframe. Even minor issues should be reported promptly, as they might indicate more significant underlying problems or could worsen over time.

Written communication creates an essential paper trail that serves as concrete evidence of your timely reporting. While a telephone call might seem more convenient, it does not provide the same level of protection for your interests. Your written notification should be specific and detailed, clearly identifying each defect, its location in the property, and when it was discovered. Accompanying photographs can provide valuable visual evidence of the issues. Consider sending this communication via email or recorded delivery to ensure you have proof of receipt. If your builder has a specific online portal or form for reporting defects, use this system but always retain copies of your submissions and any confirmation received.

Throughout the remediation process, maintain comprehensive records of all interactions with your builder. This documentation should include dates and times of all communications, the names and positions of everyone you spoke with, summaries of discussions, and copies of any correspondence exchanged. Record when the builder visited your property to inspect issues, what was discussed during these visits, and any commitments made regarding timelines for repairs. If the builder sends representatives to assess the defects, note their names, roles, and the outcome of their inspections. This detailed chronology becomes invaluable should disputes arise later, particularly if you need to demonstrate that you fulfilled your responsibilities under the warranty terms.

Facilitating reasonable access to your property represents another essential obligation under the warranty terms. You must allow the builder appropriate opportunities to inspect reported defects and carry out necessary repairs. Typically, this means accommodating visits during normal working hours on weekdays, though some builders may offer more flexible arrangements. While you should certainly be cooperative in providing access, you are entitled to reasonable notice before visits and should not be expected to take excessive time off work to accommodate the builder. Document all instances when access was arranged, whether the builder attended as agreed, and what work, if any, was completed during each visit. This record helps demonstrate your cooperation should questions arise later about whether you provided adequate access.

The final critical element in this process involves allowing the builder reasonable time to complete the required remedial work. What constitutes “reasonable time” depends on the nature and complexity of the defects involved. Minor cosmetic issues might reasonably be addressed within a few weeks, while more complex structural problems may legitimately require several months to resolve properly. However, be wary of excessive or unjustified delays, particularly those involving safety concerns or defects that impact the habitability of your home. If you believe the builder is unnecessarily delaying repairs, document your concerns in writing and establish clear expectations for completion. This documentation demonstrates your patience and reasonableness while also establishing a timeline against which the builder’s performance can be measured.

The thoroughness of your documentation throughout this process cannot be overstated. Should you eventually need to engage the NHBC Resolution Service or pursue alternative dispute resolution options, this documentation will form the foundation of your case. It provides evidence that you fulfilled your obligations under the warranty by reporting defects promptly, cooperating with the builder’s remediation efforts, and allowing reasonable time for completion.

A professional snagging inspection early in the warranty period can significantly strengthen this documentation, providing independent verification of defects and technical assessment of their compliance with industry standards. This comprehensive approach to defect reporting and documentation maximises your protection under the warranty and ensures you maintain all available options for resolution should disputes arise.

When to Use the NHBC Resolution Service

If you have reported defects to your builder within the two-year period, but they have failed to rectify them satisfactorily, the NHBC Resolution Service may be able to help. However, before NHBC can offer this service, you must have:

• Notified the builder of the issues within the builder warranty period
• Given the builder reasonable time and access to complete the necessary repairs
• Gone through the builder’s entire complaints procedure and received a final written response

The Resolution Service is specifically designed to help settle disputes regarding defects and determine what work the builder needs to do to meet their responsibilities under the warranty.

The NHBC Resolution Service represents a valuable resource for homeowners who have encountered difficulties in resolving defects with their builder during the initial warranty period. This service becomes particularly relevant when your direct attempts to address concerns with your builder have proven unsuccessful despite following the proper procedures. The timing of this intervention is critical, as it must occur after you have exhausted the builder’s own complaints process but before you pursue other formal dispute resolution methods such as arbitration or legal proceedings.

The fundamental prerequisite for accessing the Resolution Service is proper documentation of defects within the builder warranty period, which typically spans the first two years from the policy start date. This notification must be made in writing to create a formal record of your concerns. Many homeowners find it beneficial to accompany written notifications with photographs, videos, or other evidence that clearly illustrates the issues. Remember that verbal communications, while useful for immediate concerns, do not satisfy the formal reporting requirements under the warranty. The NHBC will need evidence that you properly notified your builder of all defects within this critical timeframe.

Once defects have been properly reported, you must demonstrate that you have given the builder both reasonable time and appropriate access to rectify the issues. What constitutes “reasonable time” depends on the nature and complexity of the defects in question. Minor cosmetic issues might reasonably be addressed within weeks, while more substantial structural concerns might legitimately require months of planning and remediation. Throughout this process, you must maintain a cooperative stance, allowing the builder scheduled access to your property during normal working hours to assess and address the identified problems. Documenting these interactions, including dates when access was provided and any work that was (or was not) completed, strengthens your position should you need to escalate the matter.

The final prerequisite for accessing the Resolution Service is evidence that you have progressed through the builder’s entire complaints procedure to its conclusion. Most builders have a structured complaints process that typically involves multiple stages, potentially including site manager review, customer service department assessment, and finally, review by senior management. You must follow this process to completion and receive a final written response from the builder before NHBC will consider intervention. This final response represents the builder’s definitive position on the disputed matters and becomes a key document in the Resolution Service process. If the builder fails to provide a final response despite your reasonable efforts to progress through their complaints procedure, you should document these attempts as evidence of your diligence.

The NHBC Resolution Service functions primarily as a technical arbitration process, focusing specifically on whether the disputed elements of your home comply with NHBC Technical Requirements. It is not designed to address contractual disagreements, financial disputes, or matters of subjective preference. When you engage the Resolution Service, NHBC will assess whether the builder has failed to meet the technical standards they are obligated to achieve under the warranty. This specific focus makes the service particularly effective for resolving disputes about building quality, structural integrity, and compliance with industry standards, but less suitable for addressing disagreements about aesthetic preferences or interpretation of contractual terms outside the warranty’s scope.

How the Resolution Process Works

If your dispute meets the criteria for the Resolution Service, the process typically follows these steps:

1. Initial Contact: When you request assistance, NHBC will normally first ask the builder to try to resolve the dispute directly with you.
2. Documentation Review: NHBC may request copies of relevant documentation, including correspondence, contracts, plans, and other information about your property.
3. Resolution Meeting: If the dispute remains unresolved, NHBC will usually arrange a meeting at your home. A Claims Investigator will attend, and the builder will be invited as well. The investigator will examine the items in dispute and listen to both sides.
4. Agreement Facilitation: The investigator will try to help you and the builder reach an agreement. If an agreement is reached, it will be formally recorded.
5. Technical Assessment: If no agreement is reached, or if the builder doesn’t attend the meeting, the investigator will assess whether the items comply with NHBC Technical Requirements.
6. Resolution Report: Following the meeting, NHBC will issue a Resolution Report outlining their findings. If items don’t comply with Technical Requirements, the report will specify what actions the builder must take and set timescales for completion.
7. Implementation: If you accept the findings, you must allow the builder reasonable access to complete the work. If the builder fails to carry out the required actions within the specified timeframe without legitimate reason, NHBC will take steps to ensure the work is completed.

When your dispute qualifies for the NHBC Resolution Service, the process begins with NHBC contacting your builder to encourage a direct resolution. This initial step often resolves many disputes without further intervention, as builders may respond more promptly when NHBC becomes involved. During this phase, NHBC acts as an intermediary, facilitating communication while giving the builder an opportunity to fulfil their obligations.

If direct resolution proves unsuccessful, NHBC will gather comprehensive documentation related to your case. This typically includes correspondence between you and the builder, contracts, plans, photographs of defects, and any previous inspection reports. This thorough review allows the NHBC team to understand the full context of the dispute and prepare for the next stage of the process. It’s essential that you provide all requested documentation promptly to avoid delays.

The resolution meeting represents a critical juncture in the process. An NHBC Claims Investigator will visit your property, examine the disputed items in person, and listen carefully to both your concerns and the builder’s perspective. This face-to-face meeting often provides clarity that written communications cannot achieve. The investigator brings technical expertise and impartiality to the situation, helping to bridge the gap between homeowner expectations and builder responsibilities. During this meeting, the investigator will make detailed notes and may take photographs to document the condition of the disputed elements.

The NHBC investigator will attempt to facilitate an agreement between you and the builder during the resolution meeting. Their role is not to advocate for either party but to help both sides understand the technical requirements and reach a fair resolution. If an agreement is reached, it will be formally recorded in writing, creating a clear record of what remedial work the builder has committed to undertake and within what timeframe. This agreement becomes the basis for monitoring compliance and ensuring that promised work is completed.

In cases where agreement proves impossible or the builder fails to attend the meeting, the investigator shifts focus to a technical assessment. This involves evaluating whether the disputed items comply with NHBC Technical Requirements—the industry standards that define acceptable quality and performance. This assessment is based on the investigator’s professional expertise and knowledge of building regulations and standards. The assessment focuses purely on technical compliance rather than subjective preferences or contractual matters.

Following the resolution meeting and technical assessment, NHBC will issue a comprehensive Resolution Report detailing their findings. This document represents NHBC’s official position on each disputed item and becomes the framework for resolution. For items found to be non-compliant with Technical Requirements, the report will clearly specify what remedial actions the builder must take and establish reasonable timescales for completion based on the complexity of the work required. The report provides clarity and direction for both parties, eliminating ambiguity about what needs to be done.

The implementation phase begins once you’ve received the Resolution Report. If you accept NHBC’s findings, you must provide the builder with reasonable access to your property to complete the required work. The builder is obligated to carry out all specified remedial actions within the established timeframes and to NHBC’s standards. Should the builder fail to comply despite being given reasonable access and time, NHBC will intervene further. This may involve NHBC arranging for the work to be completed by alternative contractors if the builder persistently fails to meet their obligations without legitimate justification.

Limitations of the Resolution Service

While the Resolution Service is valuable for resolving technical disputes, it cannot help with:

• Non-technical matters such as financial or contractual issues
• Disputes about boundaries
• Matters not covered by NHBC Technical Requirements or the Buildmark warranty
• Cases where you have already started arbitration or legal proceedings against the builder

Furthermore, there are certain exclusions under the Buildmark warranty, such as:

• Normal wear and tear
• Condensation
• Normal shrinkage
• Items not reported within the required timeframe
• Defects or damage caused by alterations or extensions to the home

The NHBC Resolution Service offers valuable assistance for many homeowners experiencing issues with their new build properties. However, it is important to understand that this service operates within well-defined parameters and cannot address all types of disputes that may arise. The Resolution Service is specifically designed to resolve technical disputes related to the builder’s failure to meet NHBC Technical Requirements within the first two years of the warranty.

One significant limitation is that the service cannot address non-technical matters. Financial disagreements, such as disputes over payments or contractual terms, fall outside the remit of the Resolution Service. Similarly, contractual issues related to specifications, completion dates, or interpretation of sales agreements cannot be resolved through this process. These matters are generally considered commercial disputes rather than technical defects and require different resolution mechanisms, such as the Consumer Code for Home Builders scheme or legal action.

Property boundary disputes represent another area where the Resolution Service cannot intervene. Questions about the exact positioning of boundary lines, rights of access, or disputes with neighbouring properties require specialist legal advice and potentially the involvement of the Land Registry. Such matters are governed by property law rather than building standards and fall outside the technical scope of the NHBC warranty.

The Resolution Service can only address matters covered by NHBC Technical Requirements or explicitly included within the Buildmark warranty. If an issue arises that relates to aspects of construction not governed by these standards—perhaps aesthetic considerations that meet minimal standards but do not match the homeowner’s expectations—the service may be unable to help. It is essential for homeowners to familiarise themselves with what is and is not covered by their warranty to manage expectations appropriately.

Legal proceedings create another significant limitation. Once a homeowner has initiated arbitration or legal proceedings against the builder regarding the disputed items, the Resolution Service cannot be used for those same issues. This restriction exists because the legal process and NHBC resolution represent separate paths to resolution that cannot run concurrently. Homeowners must therefore carefully consider which avenue to pursue, as choosing one may preclude access to the other.

Beyond these procedural limitations, the Buildmark warranty itself contains specific exclusions that affect what the Resolution Service can address. Normal wear and tear, which occurs naturally as a property ages, is not covered under the warranty and therefore falls outside the scope of the Resolution Service. Similarly, issues arising from condensation, often related to lifestyle factors and ventilation, are generally excluded unless they result from a defect in the building’s design or construction.

Normal shrinkage, which is an inevitable part of the settlement process as building materials dry out and adjust, typically does not constitute a defect unless it exceeds expected parameters. The warranty also excludes defects or damage resulting from homeowner alterations or extensions, as these modifications fall outside the builder’s responsibility. Perhaps most importantly, items not reported within the required timeframe, the first two years of the warranty period, cannot be addressed through the Resolution Service, highlighting the critical importance of prompt reporting.

Understanding these limitations helps homeowners develop realistic expectations about what the NHBC Resolution Service can achieve. While the service provides valuable assistance for many technical defects, homeowners should be aware of these boundaries and consider alternative resolution methods when their concerns fall outside the service’s scope. Professional snagging inspections, such as those offered by New Build Inspections, can help identify defects early in the warranty period, ensuring they are properly documented and reported within the required timeframe.

Alternative Dispute Resolution Options

If the Resolution Service is not appropriate for your situation, or if you don’t accept NHBC’s findings, other forms of dispute resolution are available:

• Arbitration through CEDR (Centre for Effective Dispute Resolution)
• The courts
• The Consumer Code for Home Builders scheme (for matters not covered by Buildmark)

When the NHBC Resolution Service is not suitable for your particular dispute, or when you disagree with NHBC’s findings, several alternative paths remain available to help you resolve issues with your builder.

Arbitration represents a formal yet private alternative to court proceedings, with CEDR (Centre for Effective Dispute Resolution) serving as NHBC’s nominated provider for arbitration services. This process involves appointing an independent arbitrator who reviews evidence from both parties before making a legally binding decision. Arbitration offers several advantages over court proceedings, including greater privacy, typically faster resolution times, and often lower costs. The process is completely independent of NHBC, ensuring impartiality in decision-making. To initiate arbitration, you can contact CEDR directly to obtain details about their procedure and request an application form. Before pursuing this option, however, it is advisable to seek professional advice, as the decision will be legally binding and generally cannot be appealed.

Court proceedings represent another option for resolving disputes with builders, particularly for complex matters or those involving substantial financial claims. Taking legal action through the courts provides a formal, structured process with established rules of evidence and procedure. This path may be appropriate for contractual disputes, claims for significant damages, or cases where multiple parties are involved. The court system offers various tracks depending on the value and complexity of your claim, from the small claims track for simpler cases to the multi-track for more complex matters. While court proceedings provide a robust framework for dispute resolution, they often involve considerable time, expense, and potential stress. Before initiating court proceedings, it is strongly recommended to consult with a solicitor who specialises in construction or property law to assess the strength of your case and understand the likely costs involved.

The Consumer Code for Home Builders scheme offers an additional avenue for resolving disputes, particularly for matters that fall outside the scope of the Buildmark warranty. This independent industry-led code was developed to make the home-buying process fairer and more transparent for purchasers. The Code provides a complaints procedure and access to an Independent Dispute Resolution Scheme for complaints arising from breaches of the Code. This scheme can be particularly useful for addressing issues related to marketing materials, pre-contract information, reservation agreements, or customer service. The process involves submitting a complaint form along with supporting evidence, after which an independent adjudicator will make a decision based on the documentation provided. The adjudicator can require the home builder to pay compensation of up to £15,000, undertake practical works, or both.

Each alternative dispute resolution option has distinct advantages and limitations that should be carefully considered before proceeding. Arbitration offers a more private and potentially faster resolution but remains a formal process with binding outcomes. Court proceedings provide the most comprehensive legal framework but may involve significant time and expense. The Consumer Code scheme addresses specific types of complaints related to the home-buying process but has limited financial jurisdiction. In many cases, your choice will depend on the specific nature of your dispute, the amount of compensation sought, and your willingness to engage in potentially lengthy proceedings.

Before pursuing any alternative dispute resolution option, it is advisable to seek professional advice from a solicitor experienced in property and construction matters. They can help you evaluate the strength of your case, understand the likely costs and timescales involved, and determine which path offers the best prospect of a satisfactory resolution. Additionally, organisations such as Citizens Advice can provide initial guidance on your rights and the various options available to you. Whatever route you choose, maintaining comprehensive documentation of all communications, reports, and evidence related to your dispute will significantly strengthen your position throughout the resolution process.