The Tool Desk
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Before completion, a qualifying policy may repay some or all of a lost deposit, fund reasonable additional completion costs or arrange completion. After legal completion, a separate warranty or insurance section may continue to respond to defined defects or damage even when the original builder can no longer trade. Check the documents for your property and notify the named provider promptly.
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Start with the point in the transaction when the builder fails
Exchange of contracts and legal completion are different events. At exchange, you are usually contractually committed to buy, but ownership and the final transfer of the home have not yet occurred. Legal completion is when the purchase money is paid under the contract and the property is transferred to you. A builder can fail during the gap between those events, or after you have moved in, and the available protection can be entirely different.
| Stage when the builder fails | Main question | What determines the answer |
|---|---|---|
| Before exchange | Can you walk away without losing money? | The reservation terms, any preliminary payment, and the contract you have not yet exchanged. A warranty insolvency section may not have started. |
| After exchange but before legal completion | Will the deposit and the unfinished home be protected? | The exchanged contract, who holds the money, and the policy’s pre-completion insolvency provisions and eligibility tests. |
| After legal completion | Can defects still be dealt with? | The warranty or insurance sections in force for the home, their time limits, definitions, exclusions and claims procedure. The builder’s solvency is only one part of the analysis. |
Do not assume that a ten-year label means ten years of identical cover. Providers divide their products into different sections, and the wording issued for your home controls.
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If the builder collapses before legal completion
Your deposit is not automatically safe
A deposit paid on exchange can be at risk if the contract does not require it to be held in a protected stakeholder arrangement and the builder’s insolvency estate cannot repay it. Some warranty products include insolvency protection, while others may protect only particular losses or impose conditions. Ask your conveyancer to identify who holds the money, whether it has been released to the builder, and which clause governs repayment if the contract cannot be completed.
The UK Government said in a written answer dated 10 September 2025 that most new-build homes have a ten-year warranty that may protect homeowners if builder insolvency prevents completion, and that some warranties cover an exchanged off-plan buyer’s deposit. Those qualifications matter: the statement is not a guarantee that every buyer, deposit or warranty is covered. Read the policy certificate and booklet for your address rather than relying on the builder’s sales description.
What the NHBC example covers
NHBC calls the pre-completion protection in its Buildmark product Section 1. Its consumer guidance describes cover where a registered builder becomes insolvent before completion and cannot finish the home or repay amounts due under the contract. The relevant window is from exchange of contracts to legal completion, not every period in which you have paid money. See NHBC’s before-you-complete guidance and the policy issued for your home.
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Possible outcomes under NHBC Section 1
For a valid claim, NHBC may repay the lost deposit, pay the reasonable extra amount above the contract price needed to complete construction, or take responsibility for arranging completion. These are alternatives within the policy framework, not three payments that automatically stack together. The provider will assess the evidence, the contract and the state of the development.
| NHBC Section 1 point | What the published terms say |
|---|---|
| Cover period | From exchange of contracts until legal completion, if the policy’s conditions are met. |
| Potential response | Repayment of a lost deposit, reasonable additional completion cost, or NHBC-arranged completion. |
| Maximum amount | 10% of the original purchase price or £100,000, whichever is lower, under the Buildmark policy booklet. NHBC’s product information describes this as a typical limit and says terms and conditions apply. |
| Controlling document | The policy booklet and certificate issued for your specific home, including any later or different version. |
If your deposit is more than the applicable limit, the excess may fall outside that policy’s protection. That does not prove you will lose it, because the contract, the way the money was held and any other insurance or insolvency claim may still matter; it does mean you should not budget on full recovery until the provider confirms the position.
Other providers can use different rules
NHBC’s structure is an example, not a UK-wide standard. Another provider may define insolvency, qualifying buyers, completion costs, time limits, exclusions or maximum payments differently. Compare the actual documents on these points:
- Whether the trigger is the builder’s formal insolvency, a failure to complete, or both.
- Whether the cover starts at exchange, at reservation, or at another stated date.
- Who is protected and whether owner-occupation, letting or a particular purchaser type is required.
- Whether the policy pays a deposit, additional completion costs, an arranged completion, or only one of those remedies.
- The financial cap, any per-home or per-claim limit, and whether the limit includes associated costs.
- Notice deadlines, evidence requirements, exclusions and the provider’s claims route.
What happens to the warranty after you have completed?
Insolvency does not erase every warranty obligation
A warranty and insurance policy is separate from the builder’s continuing contractual duty to put right work that does not meet the contract or specification. If the builder disappears, that contractual route may become difficult to enforce, but a defined insurance or warranty section can remain available. You must still show that the reported issue falls within the policy’s definition, period and standard of damage. Insolvency alone does not turn unfinished work, ordinary wear, cosmetic dissatisfaction or every snag into an insured loss.
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NHBC Buildmark’s ten-year structure
NHBC describes Buildmark as a ten-year warranty and insurance product. Its published structure is two years of builder-warranty protection, backed by NHBC, followed by eight years of insurance for defined problems. During the first two years, report defects to the builder through the process in your documents and copy NHBC when the policy instructs you to do so. If the builder is insolvent or fails to deal with a qualifying issue, NHBC’s backing may become important. During years three to ten, the claim is generally assessed against the insurance wording for specified defects or damage rather than against a general promise to fix anything you dislike. Read NHBC’s homeowner explanation and the policy booklet together.
Keep the distinction clear: the two-year period is not simply an extended snagging service, and the later eight-year insurance period is not a replacement for every building obligation. Structural movement, water ingress or other serious defects may be treated differently from decoration, minor cracking or items that were visible and accepted at handover. The policy’s definitions, limits and exclusions decide the claim.
Why consumer codes do not give every buyer the same result
The New Homes Quality Code
The New Homes Quality Board Code requires a developer to have finances or insurance providing reasonable protection against insolvency and enabling it to meet Code obligations, including repaying deposits when due and paying awards made by the Ombudsman. The Code itself says it does not replace legislation or remove other legal rights. It is therefore an additional framework, not a promise that a particular deposit will be refunded immediately or in full. Read the Code’s solvency and legal-rights provisions at the New Homes Quality Board.
The warranty provider determines the code route
The Competition and Markets Authority’s housebuilding market study explains that the consumer code followed by a builder is determined by the warranty provider it selected. Obligations and the resulting consumer protection can therefore vary between developments. A sales agent may mention a code name, but that does not replace checking the provider, policy number, version and complaint route on your own certificate. The CMA’s findings are available in its housebuilding market study final report.
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What to do when you hear the builder has failed
- Confirm the formal event. Check the builder’s notice, Companies House information or the administrator’s communication to establish whether it is administration, liquidation or another event. A rumour or site closure is not necessarily the policy trigger.
- Gather the home-specific documents. Put together the reservation agreement, exchanged contract, deposit receipts, completion statement, warranty certificate, policy booklet and all correspondence. Record the policy number, issue date and version.
- Ask who holds the deposit. Your conveyancer should explain whether the money remains with a stakeholder, was released to the builder, or is subject to another contractual arrangement. Obtain the answer in writing.
- Notify the named warranty provider promptly. Use the provider’s published claims or insolvency contact route and state the address, contract stage, amount paid and builder’s formal status. Request confirmation of any notice deadline and the evidence required.
- Continue preserving your contractual position. Do not sign a termination, variation, waiver or deed offered by an administrator until your conveyancer has checked how it affects the deposit, warranty and any claim. Missing a deadline or accepting a refund on terms can change your rights.
- Protect evidence about the home. Save dated photographs, specifications, inspection reports, payment records and messages. If construction has stopped, photograph the state of the plot and secure access only in a safe, lawful way; do not enter a dangerous site.
- Keep communications separate. Send defect reports to the address specified by the policy, insolvency questions to the administrator or liquidator, and contractual questions to your solicitor. A message to the sales office may not count as a valid insurance notification.
- Get individual legal advice where the sums are material. A conveyancing solicitor can interpret the contract, stakeholder wording, forfeiture provisions and interaction between an insolvency claim and warranty claim. Advice cannot guarantee a refund, but it can prevent an avoidable loss of rights.
How to read the policy before making a claim
Use this checklist while comparing the certificate and booklet. Write down the exact clause and page for each answer; summaries on a website may describe a newer or different product.
| Question | Why it matters |
|---|---|
| What event activates cover? | Insolvency, refusal to complete, a defined defect, or physical damage may be separate triggers. |
| What dates apply? | Exchange, legal completion, handover and the end of each warranty section can create different windows. |
| Who must make the claim? | The named purchaser, joint owners, a landlord, company or successor may be treated differently. |
| What is the financial limit? | A percentage cap, absolute cap or combined limit can leave part of a large deposit or repair bill outside cover. |
| What must be reported and when? | Late notice, failure to mitigate damage or missing evidence can affect assessment. |
| What is excluded? | Cosmetic matters, maintenance, wear, alterations and known pre-existing issues are commonly treated differently from insured damage; rely on your wording, not assumptions. |
| What is the escalation route? | Identify the provider’s complaints process, ombudsman route where applicable, and any court or insolvency proof-of-debt deadline. |
Illustrative situations
Exchanged off-plan buyer, construction not finished
A buyer who exchanged, paid a deposit and has not completed should first establish whether the home’s policy includes a Section 1-style insolvency benefit and whether the buyer meets its eligibility conditions. The buyer should not assume that the deposit will be returned simply because the builder entered administration. The provider may require proof of the contract, payments, intended use and the formal insolvency event before deciding whether to repay, fund additional completion cost or arrange completion.
Completed home with defects in year one
The buyer should report the defects through the builder-warranty process and preserve evidence. If the builder is insolvent, the backing provisions of the relevant policy may apply to qualifying defects, but the buyer still has to meet the policy’s definitions and reporting requirements. A general snagging list is not automatically an insurance claim.
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Completed home with a serious defined defect in year six
The claim will normally be assessed under the later insurance section, not the builder’s first-two-year obligations. The buyer should check that the defect is one the policy insures, that the loss falls within the remaining period and that any notification, investigation and mitigation rules have been followed.
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Questions your documents must answer
Will I get my deposit back if the developer goes bust? Possibly, but only if the contract and applicable warranty or insurance provide that protection and you satisfy their conditions. A government statement that some warranties cover exchanged deposits is not a universal entitlement.
Does my new-build warranty still apply if the builder enters administration? A qualifying warranty or insurance section can continue, particularly for defined post-completion defects, but the builder’s insolvency does not expand the policy. Check the provider’s claims instructions immediately.
Is an off-plan deposit protected after exchange? It may be. Establish the exact policy, the cap, the eligibility tests and whether the deposit was held as the contract requires.
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