New Build Snagging in London: What to Check, When to Snag, and Your Legal Rights

Key Takeaways

• ✓What is snagging: "snagging" is the industry term for identifying and documenting defects in a newly completed property — typically a new build home or a recently completed renovation — before the property is accepted as complete and before the final payment or handover is made. Snagging items are typically categorised as: cosmetic defects (surface finishes that are not to the required standard — paint drips, uneven plaster, scratched window glass, marks on UPVC frames, gaps in grout, damaged tiles, misaligned door handles); functional defects (items that do not work correctly — windows or doors that stick, catches or locks that do not operate correctly, extraction fans that do not perform adequately, heating systems that fail to heat rooms evenly, electrical sockets that do not work or are at the wrong height, underfloor heating zones that don't respond to controls); specification defects (items where the work delivered does not match the specification or the drawings — wrong colour tiles, incorrect kitchen unit specification, missing features or finishes that were shown in the sales brochure or included in the specification); and structural or serious defects (issues with the structure, external envelope, drainage, or mechanical systems that represent a significant failure — roof leaks, drainage failures, structural cracks, failed waterproofing). In a well-run construction project, snagging would be minimal because each trade would be required to check their work before moving off site and the main contractor would carry out interim inspections at each stage. In practice, particularly on large new build residential developments in London where volume, pace, and labour availability are under pressure, snag lists can be extensive. A professional snagging survey typically takes 4–8 hours to complete on a 2–3 bedroom new build flat or house and typically identifies 100–300 items, of which 10–30% may be substantive defects requiring trade work to rectify and the remainder may be cosmetic or minor
• ✓When to carry out a snagging survey: there are two main opportunities to carry out a snagging survey in the new build process. Pre-completion snagging (also called "pre-handover snagging" or "pre-legal completion snagging"): ideally, a snagging survey should be carried out BEFORE legal completion — i.e., before the buyer has paid the purchase price and taken ownership of the property. Pre-completion snagging allows the buyer (or their appointed professional snagging inspector) to inspect the property and provide a snag list to the developer before completion, giving the developer the opportunity to rectify defects prior to handover. The practical difficulty with pre-completion snagging is that some developers refuse to allow a professional snagging company access to the property before completion — citing programme, health and safety, and access management reasons. As a new build buyer, you have a right to inspect the property before completion (this is your right under the contract for sale), but the developer may argue that the property must be inspected by you personally, not by a professional agent. If the developer refuses access for a professional snagging company before completion, document their refusal in writing, and proceed with a post-completion snagging survey as soon as possible after you receive the keys. Post-completion snagging: after completion (once the buyer has taken ownership and received the keys), the developer's customer care team is responsible for coordinating the rectification of notified snags. NHBC Buildmark warranty and most new build contracts provide a "developer's period" (typically 2 years from completion) during which the developer is responsible for repairing defects that arise at their cost. A snagging survey carried out within the first few weeks of occupation provides a comprehensive baseline of defects that the developer is liable to rectify — even if individual defects are found subsequently during the warranty period, having a documented baseline at the start is valuable
• ✓NHBC Buildmark warranty: the NHBC (National House Building Council) Buildmark warranty and insurance policy is the most widely used 10-year structural warranty for new build homes in the UK. Most new build homes in London from major developers come with NHBC Buildmark cover. The Buildmark warranty has three distinct periods of cover: Years 1 and 2 (the "Developer's Period") — during the first two years from completion, the developer is responsible for repairing defects caused by their failure to build to NHBC Technical Standards. The developer must repair all such defects at their own cost and within a reasonable time. Where the developer fails to repair notified defects, the buyer can report the issue to NHBC and NHBC has the power to require the developer to carry out the repair or (in some circumstances) arrange for the repair to be carried out and recover the cost from the developer. Years 3–10 (the "Insurance Period") — during years 3 to 10, the NHBC provides insurance cover for structural defects (defects that affect the structural stability of the home or that result from failure to build to NHBC Technical Standards and which could threaten the structural stability). The insurance period cover does not include cosmetic defects or general wear and tear — it is specifically for structural and serious defects. The insurance is provided directly by NHBC and covers the cost of repairing the relevant structural defect. Years 1–10 (contaminated land) — Buildmark also covers loss arising from contaminated land for the full 10-year period. The key point for new build buyers is that the developer's period (years 1–2) is the most important window for reporting and pursuing defects — after year 2, the developer's direct liability ends and any structural claim must be made through the NHBC insurance. Cosmetic or functional defects that are not structural must be pursued with the developer in years 1–2 and cannot be claimed under NHBC insurance in years 3–10
• ✓Your legal rights as a new build buyer in London: beyond the NHBC Buildmark warranty, new build buyers have legal rights under: the Consumer Rights Act 2015 (CRA 2015): where the developer is a trader (which all major house builders are) and the buyer is a consumer (an individual buying for personal use), the CRA 2015 applies to the contract for sale. Under the CRA 2015, goods (and the building elements that constitute the new home) must be of satisfactory quality, fit for purpose, and as described. Where goods or services do not meet these standards, the consumer has the right to require repair or replacement, and if repair or replacement is not done within a reasonable time, the right to price reduction or rejection. The application of the CRA 2015 to new build property is complex and has been developed through case law — but the general principle is that a new build property with significant defects may give rise to rights under the CRA 2015 in addition to the contractual remedies under the NHBC Buildmark warranty. The New Homes Quality Board (NHQB) Code of Practice: the New Homes Quality Code (NHQC) was introduced in 2022 as a replacement for the Home Builders Federation's consumer code. Major developers who are registered under the NHQC are subject to additional consumer protection obligations, including requirements to: provide a 2-year defects warranty period; give buyers access to an independent dispute resolution scheme (the New Homes Ombudsman Service — NHOS); comply with detailed pre-sale information requirements; and follow a fair and transparent complaints process. The New Homes Ombudsman Service (NHOS): where a registered developer fails to resolve a complaint through their internal complaints process, the buyer can escalate to the NHOS. The NHOS can require a developer to carry out works, provide compensation, or make a payment in lieu of defect rectification, and its decisions are binding on developers who are registered with the NHQC