Every new Irish home comes with a phrase — “the ten-year guarantee” — and a set of documents almost nobody reads until something cracks. Structural warranty schemes (HomeBond and equivalents) are genuinely valuable, particularly when builders fail. But they are defined products with defined cover, deadlines and conditions — and claims are won by treating them exactly that way.
Mary Molloy Solicitors are solicitors, not engineers, architects or building surveyors. Nothing on this page is a technical assessment of any property or works. Defects claims stand or fall on independent expert evidence — a chartered engineer’s or building surveyor’s report — obtained early. Scheme rules, grant rates and legislation in this area change frequently; confirm the current position before making any decision.
What the Cover Actually Is
Scheme documents typically structure cover in layers: extended cover for major structural defects (the headline period), shorter windows for defined categories such as water penetration, and — the persistent misunderstanding — little or nothing for general finishes and snags, which belong to the snagging process and the building agreement instead. Excesses, limits, conditions and exclusions complete the product. The claim-defining question is never “is the house defective?” but “is this defect within this wording, within this window?”
Running a Claim Properly
- Notify immediately, in writing: scheme deadlines are strict and late notification is the classic self-inflicted defeat;
- Match the claim to the cover: framed by category and clause, not by grievance;
- Bring the technical evidence: the engineer’s or surveyor’s assessment establishing the defect and its cause in the scheme’s terms;
- Keep the parallel clocks in view: warranty deadlines, and the separate limitation periods for claims against builder, professionals and certifiers — the warranty is one route on a wider map.
When the Warranty Becomes Central
Two situations promote the warranty from useful to essential: builder insolvency, which cover generally survives (the insolvency recovery map), and serious structural defects emerging years after completion, when the warranty’s extended structural window may outlast comfortable contract claims. In both, the scheme’s paperwork discipline — notification, evidence, category — is the whole game, and determinations that go wrong have review routes worth using before surrender. The wider claims picture: building defects claims.
A Defect the Warranty Should Cover?
Bring the scheme documents and the photos. We will match defect to cover, mind the deadlines, and map the parallel claims.
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About the Author
Richard O’Shea, Solicitor practises with Mary Molloy Solicitors (established 1981), advising homeowners, self-builders, subcontractors and SME contractors across Ireland on building disputes, defects claims and payment recovery. Richard holds a Diploma in Mediation from the Law Society of Ireland — central to construction work, where conciliation and mediation resolve many disputes without a courtroom. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every farm and family situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.