Between “your house is ready” and the transfer of the balance sits the most valuable inspection you will ever commission: the snag. For a short window, every defect found is the builder’s cost and your entitlement. Buyers who understand the legal structure of that window extract finished houses from it; buyers who don’t inherit to-do lists.
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.
Where Snagging Rights Come From
The standard new-home purchase pairs a contract for sale with a building agreement — and it is the agreement that obliges the builder to complete in a good and workmanlike manner and provides the snagging procedure: inspection before completion, defects listed, remedy before (or with committed timeframes around) closing. The procedure’s details vary with the drafting, which is why the agreement gets read before signing: the building agreement explained.
Running the Snag Properly
- Hire the professional: a snag surveyor finds what matters — and their written report is the list the builder answers to;
- Everything in writing: the list delivered through your solicitor, remedies confirmed, re-inspection before closing;
- Guard the leverage: the unpaid balance is your enforcement mechanism — commitments on outstanding items should be written and time-bound before it moves;
- Resist the rush: closing pressure peaks exactly when your rights do; that is not a coincidence, and your solicitor’s correspondence is the counterweight.
After Closing: The Rights That Survive
Life after the keys is not rightless: the agreement’s defects provisions, the structural warranty for qualifying items, and general defects law all continue — they simply take correspondence and persistence instead of a withheld balance. Report everything in writing as it appears; serious or spreading problems go up the defects claims track, with the limitation clocks making promptness non-optional. And where the same defects run through the estate, neighbours multiply leverage — say so early.
Snagging a New Build - or Fighting About One?
Pre-signing review, snag-stage correspondence or post-closing defects: each stage has its move. Call before yours passes.
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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.