If you’re here, you’ve likely exhausted the generic advice. You’ve contacted your builder, chased your warranty, and maybe even escalated to the ombudsman—yet your home remains riddled with leaks, cracks, or structural failures. Here’s how to build a case with real legal and technical firepower.

1. Document Relentlessly—But With Purpose

• Snagging lists are not enough.
  A simple list of defects won’t cut it if you want results. For every issue:

  • Use your phone’s camera settings to embed the date, or apps like Timestamp Camera, so there’s no dispute about when the photo or video was taken.
    
    

  • For recurring problems (like leaks or heating failures), record multiple instances over time to show the issue is ongoing, not a one-off.
    
    

  • Keep a written log in a notebook or spreadsheet. Include the date, time, who you spoke to (name and job title), and a summary of their response. If you get verbal promises, follow up with an email confirming what was said.
    
    

  • When told “it’s within tolerance,” ask for the exact British Standard (e.g., BS 8210 for windows, BS 7671 for electrics), NHBC technical requirement, or warranty clause. Builders must justify their position with reference to a recognised standard—not just their opinion.
    
    

  • If the builder refuses to provide the standard, note this in your log. It shows they’re avoiding accountability and strengthens your case if you escalate.
    
    

  Independent evidence is key.

  • Appoint a RICS-accredited surveyor or chartered engineer for anything structural, or where the builder disputes the seriousness of a defect. Their report should reference relevant standards and regulations.
    
    

  • If you’re considering legal action, ask your expert to comment on whether the defect breaches the Defective Premises Act 1972 or building regulations.
    
    

  • In Criterion Buildings Ltd v McKinsey & Co Inc and Another [2021] EWHC 216 (Ch), the court made clear that independent, professional evidence is far more persuasive than a builder’s internal inspection. The burden of proof for remedial costs lies with the party challenging them, so your expert’s report is vital.
    
    

  Know the Legal Triggers—Not Just the Warranty

  Defective Premises Act 1972:

  • The Defective Premises Act 1972 (DPA) places a statutory duty on anyone who undertakes work for the provision of a dwelling—this includes builders, developers, and contractors. Under section 1 of the DPA, the work must be done in a workmanlike or professional manner, using proper materials, and the result must be that the dwelling is fit for habitation at the time it is completed. “Fit for habitation” means the property must be safe, healthy, and suitable for occupation, not just free from obvious defects.
    
    

    If a home is found to have serious issues—such as structural instability, persistent damp, unsafe electrics, or breaches of building regulations—these can amount to a breach of the DPA. The Act covers both the initial construction and any subsequent work (such as extensions or conversions).
    
    

    The Building Safety Act 2022 made a major change to the limitation period for claims under the DPA. For work completed after 28 June 2022, you now have 15 years from completion to bring a claim. For work completed before that date, the limitation period is extended retrospectively to 30 years, but only for certain types of defects, especially those relating to fire safety or cladding (such as unsafe external wall systems).
    
    

    This means if you discover a major defect—like unsafe cladding, fire risks, or structural failures—years after moving in, you may still be able to bring a claim against the builder or developer, even if the problem only became apparent long after completion. The courts have shown a willingness to interpret “fit for habitation” broadly, so issues that seriously affect safety or health are likely to qualify.
    
    

    If you believe your home is affected, gather evidence and seek to establish when the defect arose and whether it falls within the relevant limitation period. This extended window gives homeowners much greater protection and leverage than before.
    
    

  Breach of Contract:

  • Review your contract for specific promises about build quality, compliance with building regulations, and completion dates.
    
    

  • If the builder fails to meet these, you can claim for breach of contract. This is separate from warranty claims and can cover a wider range of losses, including consequential damages (e.g., cost of alternative accommodation).
    
    

  Recent Case Law:

  • URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 16: The Supreme Court confirmed developers can recover costs from their supply chain (architects, engineers, contractors) for major defects. This means builders can’t simply blame others—they remain responsible to you.
    
    

  • Enterprise Home Developments LLP v Adam [2020] UKUT 151 (LC): The Upper Tribunal clarified that if you challenge the reasonableness of costs or remedial works, you must present a prima facie case (credible evidence). This is why your independent expert’s report and detailed log are so important.3. Escalate—But Don’t Wait Forever

• Builder’s Warranty (Years 1–2):
  Demand written responses. Reference the Consumer Code for Home Builders and the New Homes Quality Code.
  
  

• Insurance-Backed Warranty (Years 3–10):
  For major defects, notify the warranty provider in writing. Request a site visit and a written decision.
  
  

• Ombudsman/Consumer Code:
  If stonewalled, escalate to the New Homes Ombudsman Service (up to £75,000 compensation) or the Consumer Code for Home Builders (up to £50,000).
  
  Be specific: reference exact breaches, provide evidence, and state your remedy (e.g., “replace all defective windows, pay for alternative accommodation”).
  
  

• NHQB Discipline & Sanctions Committee:
  If a developer fails to comply with Ombudsman decisions, they can be referred for disciplinary action, including retraining, fines, or removal from the register.

4. Group Action: Strength in Numbers

• If neighbours have similar issues, consider a group claim.
  Developers fear coordinated legal action and bad publicity.
  Group actions have resulted in settlements over £1 million and forced major remedial works.

5. Technical Leverage: Building Regulations and Standards

• Challenge “within tolerance” claims by demanding the specific technical standard.
  
  If the defect breaches building regulations (fire safety, insulation, drainage), report it to Building Control and your local authority.
  This creates an official record and can trigger enforcement.

6. Unreasonable Delays: Get Your Money Back

• If your home wasn’t ready on time, you may be entitled to cancel and get your reservation fee back.
  If you moved in and the home is uninhabitable, you may have grounds to rescind the contract—especially if the defects are so severe that the property is not as described.

7. Evidence Wins Cases—Here’s What to Gather

• All correspondence (emails, letters, texts) with the builder and warranty provider.

• Independent surveyor or engineer reports.

• Photos and videos (with dates).

• Your contract, warranty documents, and any marketing materials (to show what was promised).

• Records of extra costs (temporary accommodation, repairs, lost rent).

8. Top UK Home Builders to Know

• Barratt Developments

• Red Row

• Taylor Wimpey

• Persimmon

• Bellway

• Vistry Group

• Berkeley Group

• Bloor Homes

• Cala Group

• Countryside Properties

• The Hill Group

9. Don’t Be Intimidated by Legal Jargon

• You don’t need to be a lawyer to use the right words.
  Phrases like “material breach,” “Defective Premises Act 1972,” and “Building Safety Act 2022” show you mean business.
  Builders and warranty providers are more likely to take you seriously if you demonstrate you know your rights.

Final Word:
You are not at the mercy of your builder. The law is evolving in your favour, and recent case law has put real pressure on developers to fix their mistakes. Be methodical, be persistent, and don’t settle for vague promises. With the right evidence and approach, you can secure the compensation or repairs you deserve—and help others do the same.

What Caira can do for you:

She can instantly review your photos, PDFs, spreadsheets, floor plans, deeds, titles, and boundary plans—spotting defects, inconsistencies, or missing information in seconds, 24/7.

You can upload documents and images of issues like cracks, leaks, or unfinished work, and Caira will analyse them, explaining how each piece of evidence supports your claim and guiding you on the most effective way to present it.

Her aim is to help you exercise your rights with confidence, protect your dream of a safe and secure home, and give you practical, clear next steps so you feel empowered throughout your dispute.