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Who is liable for defects in a new house?

Liability may rest with the builder under the contract, with designers and certifiers in negligence, and with a warranty provider under the policy terms. Which applies depends on the defect, the contract and how long ago the works were done.

Contractual claims against a builder are the most direct route but depend on the builder still trading. Where a company has been dissolved, the claim usually dies with it, which is why warranties and professional certification matter.

Claims in negligence against designers and certifiers require proof of a duty of care and a breach causing loss. Statutory limitation periods run from the date of the damage or its discovery, so delay is costly.

Order of enquiry

  • Check the building contract and defects liability terms
  • Check whether a structural warranty is in force
  • Identify the certifier and their PI position
  • Get an independent technical report on cause
  • Take legal advice on limitation before delaying

Sources

Last reviewed 28 August 2026. General information only — not legal or planning advice.

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