Report a new-build defect promptly in writing to the builder and any warranty provider, following the notice rules and deadlines in your contract, warranty, and local law. Describe and document each problem, keep a record of every contact and repair, and use the applicable complaint or dispute route if it remains unresolved. Deadlines and remedies differ by location, so there is no single worldwide process.
1. Check which documents and deadlines apply
Before making a claim, gather the signed building or sale contract, plans and specifications, handover or completion documents, builder warranty, structural warranty or insurance policy, and any consumer code. Separate manufacturer warranties may apply to appliances and other components.
Check each document for the defects it covers, exclusions, notice deadlines, required claim method, inspection rights, repair process, and dispute procedure. In the United States, the Federal Trade Commission explains that coverage and duration vary by component; the actual warranty determines how to submit a claim. See the FTC’s Warranties for New Homes.
Do not assume that an advertised warranty term sets every legal deadline. A policy deadline, a statutory warranty period, and a deadline for starting legal proceedings can be different. Confirm the applicable rules for the property’s location and defect type before relying on a date.
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2. Record the defect and its effects
Make a dated entry for each problem. Note its precise location, when you first noticed it, whether it has changed, and how it affects safety or use of the home. Take clear photographs or video; include a scale or nearby landmark where that helps show size or position.
Keep relevant plans, specifications, completion records, expert reports, invoices, and communications together. Building Commission NSW, for example, asks complainants for property and contractor details, information about the work and completion, correspondence, and photos or reports. Its requirements are specific to its service, but they illustrate the kinds of records that can help establish what happened. See How Building Commission NSW deals with building defect complaints.
3. Notify the builder and warranty provider in writing
Use the channel and format required by your contract or policy. Address the notice to the builder and, where the warranty requires or permits it, the warranty provider. Include the property address, a clear description and location of each defect, the date noticed, supporting evidence, and a direct request for an inspection and a proposed repair timetable. Keep a copy and proof that the notice was sent or received.
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If a defect needs urgent attention, use the appropriate emergency contact as well as the formal written claim process. The FTC advises: “Even if the company provides a hotline for urgent requests, put your request for repair in writing.”
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4. Keep a contact and repair log
Record the date, name, contact method, what was said or promised, inspection dates, missed appointments, repair attempts, and the result. Save emails, letters, texts, and notes of calls. When work is carried out, record what was done and inspect the affected area afterward; photograph any remaining or recurring problem and notify the builder in writing.
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5. Treat safety hazards differently
If you suspect structural instability, electrical danger, a gas leak, water ingress affecting safety, or a fire-safety failure, prioritize immediate safety and contact emergency or qualified local services as appropriate. Document the condition and notify the builder and warranty provider as soon as practicable.
Do not assume that emergency work, temporary accommodation, or other out-of-pocket costs will be reimbursed. The FTC says new-home warranties often do not cover expenses such as temporary accommodation during repairs. The sources do not establish a universal rule for self-arranged emergency repairs before notifying a builder; check local law and your policy, and preserve evidence of the condition and any work undertaken.
6. Escalate if the defect is not resolved
Follow the complaint or dispute clause in the warranty and check which local regulator, warranty provider, consumer body, tribunal, ombudsman, mediation service, or arbitration process can handle your case. Their powers, costs, deadlines, and effects on legal rights differ. Before choosing a route, establish:
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- Whether the builder or warranty provider is covered by the process.
- Whether it helps the parties reach agreement or can issue a binding decision.
- Whether filing preserves, pauses, or does not affect a legal deadline.
- What evidence or inspection is required and who pays for it.
- Whether costs, appeals, or further proceedings may follow.
In NSW, Building Commission NSW offers free complaint handling for covered work and commonly seeks agreement, but its customer service officers cannot order either party to resolve the complaint. In covered cases, an inspector may review reported matters and issue a Rectification Order. That is not a general home inspection; an owner seeking one should engage an appropriately qualified private consultant. A tribunal route may still be needed.
The FTC describes mediation and arbitration provisions in many US new-home warranties. Mediation is non-binding unless the parties agree; arbitration commonly leads to a binding decision under the warranty. Check the particular policy for costs and options, since arbitration costs can depend on complexity. UK government consultation material says warranty providers may offer alternative dispute resolution (ADR), but the policy governs the available route.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How defect classification can affect your claim
Classification may affect coverage, urgency, who is responsible, and the applicable limitation period. Do not call a defect “major” merely because it is expensive or upsetting; use the definition in the governing warranty and local law. NSW, for example, defines a major defect by reference to a major building element and defective design, workmanship, or materials, or failure to meet National Construction Code structural performance requirements. Its examples include load-bearing elements, fire-safety systems, and waterproofing. That definition does not automatically apply elsewhere.
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Local rules: examples, not universal deadlines
United States
The FTC describes common patterns—not guaranteed terms—as one year for workmanship and materials on many components, two years for some systems such as HVAC, plumbing, and electrical, and sometimes up to ten years for major structural defects. Appliances and components covered by manufacturers may be excluded, as may small cracks. Follow the actual policy’s claim instructions and check who pays for mediation or arbitration.
New South Wales, Australia
Building Commission NSW’s current guidance gives six years from completion for major defects and two years for other statutory warranty defects. If a breach is found in the final six months of the relevant period, an additional six months may be available to commence proceedings. Owners approaching expiry are warned to file with NCAT to preserve rights. These are NSW-specific rules; check the official guidance for the circumstances and current procedure: How Building Commission NSW deals with building defect complaints.
Victoria, Australia
Consumer Affairs Victoria advises discussing the issue with the builder, keeping records and photos, and setting out unresolved concerns in a letter or email. Processes can involve the Building and Plumbing Commission and VCAT depending on the issue and applicable rules. Its guidance was last updated 30 April 2024, so verify the current state process for your dispute at Building disputes, defects and delays.
England and the wider UK
A 2019 UK government consultation described a typical ten-year new-build warranty with a first two-year builder defect-liability period and insurance cover for defined defects in years three through ten. It also stressed that warranties vary in coverage and exclusions. The Building Safety Act guidance says relevant owners may escalate complaints to a New Homes Ombudsman Scheme; membership, enforcement details, and eligibility depend on applicable rules. Housing is devolved, so do not assume an England route applies throughout the UK. Check current scheme status and policy terms. See the consultation document at New build homes: complaints procedure and the guidance at The Building Safety Act.
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The House of Commons Library reported that 89% of respondents were very or fairly satisfied with the overall quality of their new home in the Home Builders Federation’s 2020/21 survey, published in March 2022. This is a historical survey result, not a current defect rate or an estimate of the risk in an individual home. See New-build housing in England.
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