How Long Is a Builder Liable for Defects in the UK?
The short answer
Usually 6 years from when the work was finished under a normal contract, 12 years if the contract was signed as a deed, and up to 15 years on work that creates a home. The defects period in your contract (often 6 or 12 months) is only the window to come back and fix things. It doesn't end your liability.
- The defects period isn't the end. It's the time you can return to fix defects; liability carries on after it.
- 6, 12 or 15 years: 6 for a simple contract, 12 for a deed, 15 for new homes and conversions under the Defective Premises Act (30 for older claims).
- Respond in writing, inspect, then decide. Real defect, fix it. Wear and tear, misuse or someone else's work, say so with evidence.
- Your paperwork is your defence: scope, signed variations, photos and a handover sign-off settle most complaints.
A client rings 9 months after handover. There's a crack in the ceiling, the bathroom door sticks, and "you said you'd stand behind your work." Your defects period ended 3 months ago. Do you still have to go back?
Often, yes. The defects period in your contract is not the limit of your liability. This guide sets out how long a builder is liable for defects in the UK and what to do this week when a complaint lands. Then how to set up jobs so fewer come back.
Want help with a complaint on your desk now? Book a free strategy call.
This is general information from a contractor's experience, not legal advice. Time limits depend on your contract and the facts. For your situation, speak to a construction solicitor.
How long a builder is liable for defects: 6, 12 or 15 years
How long you can be sued for defective work in England and Wales depends on the type of contract and the type of work.
| Situation | Time limit for a claim | Usually counted from |
|---|---|---|
| Normal (simple) contract: quote and terms, email agreement, most JCT Minor Works jobs | 6 years | When the breach happened, usually when the work was done |
| Contract signed as a deed | 12 years | As above |
| Negligence claim for hidden damage (no contract claim) | 6 years from damage, or 3 years from when it was discovered, with a 15-year long-stop | When damage happened or was found |
| Work that creates a dwelling (new build, conversion, enlargement into a home), Defective Premises Act | 15 years for claims arising since 28 June 2022; 30 years for earlier ones | When the dwelling was completed, or when later repair work was finished |
Two things catch builders out:
- Going back to fix it can restart the clock on that repair work under the Defective Premises Act. Fix it properly the first time you return.
- A deed doubles your exposure. If a client or main contractor asks you to sign "as a deed", ask why, and price the extra risk.
Defects period vs liability: not the same thing
The defects period (JCT calls it the rectification period) is a set time after completion, often 6 or 12 months. In it, you must come back and put right defects you're told about. On commercial jobs it's also when the second half of your retention comes back.
| Defects period | Legal liability | |
|---|---|---|
| Set by | Your contract | The law (time limits above) |
| Typical length | 6 or 12 months | 6, 12 or 15 years |
| What it gives you | The right and duty to return and fix | The client's right to claim the cost of putting it right |
| When it ends | On a fixed date | When the time limit runs out |
The defects period is actually good for you. It gives you the chance to fix a problem at your cost price, instead of paying for another builder to fix it at theirs.
Telling a client "your 12 months are up, nothing I can do." If the defect is your poor work, they can still claim. Refusing to look turns a £300 callback into a £3,000 claim plus another firm's prices.
This week: how to handle a complaint months later
Don't argue on the phone. Get it into writing and onto a timeline.
- Day 1 Reply in writing. Thank them, ask for photos, a description and when they first noticed it.
- Days 2–5 Pull the job file. Quote, contract, variations, photos, handover sign-off, anything they signed.
- Within 10 days Inspect. Take your own photos and notes.
- After the visit Put your view in writing: your defect and a date to fix it, or not your defect and why.
Copy-and-adapt reply:
Subject: [Address], your message about [issue]
Dear [name],
Thank you for letting us know about [issue] at [address]. We completed the works on [date].
Please send photos and a short description, and tell us when you first noticed it. We'd like to inspect on [two dates]. After the visit we'll confirm in writing what we'll put right and when.
Kind regards, [Name, company, phone]
Callbacks eating your profit?
Book a free call and we'll go through your handover and how you price and handle defects.
Check whether it is actually your defect
Most "defects" aren't. Sort them before you promise anything.
| What you find | Usually | What to do |
|---|---|---|
| Poor workmanship or wrong material (your scope) | Your defect | Fix it, get a signed sign-off |
| Hairline cracks in new plaster as it dries out | Often drying shrinkage, not poor work | Explain in writing; offer one making-good visit if your terms include it |
| Damage from use, cleaning products or no maintenance | Wear and tear or misuse | Explain with photos, offer a paid repair |
| Another trade's work, or the client's own supplier | Not your scope | Say so, show your scope and sign-off |
| A design problem from the architect or engineer | Usually the designer's, unless you designed it | Show the drawings you built to |
On jobs for homeowners, the Consumer Rights Act says your service must be done with reasonable care and skill. What you said or wrote about the work is binding if they relied on it.
Where you fall short, the client's first remedy is that you redo it, within a reasonable time and without significant inconvenience. If that's not possible, it's a price reduction. Clients can't claim for normal wear and tear, problems they caused, or changing their mind.
Most callbacks trace back to systems, not people. Take the free 4-minute Construction Business Scorecard: 18 questions on your pipeline, sales, pricing, cash flow and systems, with your weakest area shown first.
If the client won't pay because of "defects"
A client can fairly hold back a sum that reflects a real defect. They can't hold back £8,000 for a £200 snag.
- Ask for the list in writing, with photos.
- Offer to inspect and fix real items on set dates.
- Ask for the undisputed balance now. Separate the money nobody argues about.
- On commercial jobs, use your payment application and the Construction Act notices. A client who wants to pay less must say so in a pay less notice.
More on this: client won't pay the final invoice and a customer threatening a bad review.
Protect every future job
You can't remove liability, but you can make most complaints easy to answer. Craftex works as a main contractor on London projects. Our Systems Blueprint sets out the client experience we teach.
That means the same format for every update and variation, a handover pack with certificates and guarantees, and a review request at every handover. To set this up in your business, book a free strategy call.
- Written scope with what's included and what isn't.
- Signed variations before the extra work starts. See construction variations.
- Photos at every stage, especially anything that gets covered up: first fix, insulation, waterproofing.
- Handover sign-off: walk the job, sign the snag list, sign it off when done. If the list keeps growing, see client snagging list never ending.
- Handover pack: certificates, guarantees, product details, care and maintenance notes.
- Defect log for every job: date reported, item, visit date, fixed date, signed.
- Clear terms on the defects period, what counts as a defect and how to report it. Why we prefer our own contracts for private clients: JCT vs a bespoke contract.
- Insurance: check your public liability and, if you design, professional indemnity cover for the years after the job.
Want jobs that end at handover, not 9 months later?
Book a free strategy call.
Your defects checklist
This is general information from a contractor's experience, not legal advice. For your situation, speak to a construction solicitor.
Before you go
- Complaint answered in writing within a few days
- Job file pulled: scope, variations, photos, sign-off
- Inspection booked; your defect or not, put in writing
- Real defects fixed once, properly, and signed off
- Handover pack, photo record and defect log on every new job
