Q&As

Is there guidance on the limitation date for a claim in respect of a new build property with defects, eg, would time run from the date of exchange or completion?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 05/04/2022

The following Property Disputes Q&A produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • Is there guidance on the limitation date for a claim in respect of a new build property with defects, eg, would time run from the date of exchange or completion?

Is there guidance on the limitation date for a claim in respect of a new build property with defects, eg, would time run from the date of exchange or completion?

This Q&A has assumed that reference is being made to the ability to claim under a new home warranty, ie, the insurance policy which protects the buyer for structural defects relating to the property.

The answer to this question will depend on the nature of the claim. New build properties usually have insurance cover against construction and similar defects under the Buildmark Scheme operated by the National Home Building Council (NHBC) or similar. NHBC cover is for ten years from the date of legal completion of the purchase. The case of Griffiths and another v Liberty Syndicate 4472 was one which related to a building converted for residential use with common parts which the claimants argued were defective. The new home warranty policy relating to common parts expired on 3 October 2010. The defects were brought to the developer’s and insurer’s attention on around 5 July 2009. The management company made a claim under the policy on 29 March 2010, which was rejected on 17 June 2011. The proceedings by Mr and Mrs Griffiths were not commenced until 4 January 2019, ie, just under eight years after the claim was rejected. Section 5 of

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