Buying a new build feels like buying certainty: fresh construction, certified compliance, a structural warranty. Then the snag list runs to five pages, completion slips a third time, or the cracks appear the winter after you move in. The legal structure around a new home — the Law Society Building Agreement, BCAR certification, warranty schemes — contains real protections, but each has its moment, and missing the moment is where buyers lose leverage.
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.
The Structure Around a New Home
A new home purchase typically pairs a contract for sale with a building agreement obliging the builder to complete the dwelling in a good and workmanlike manner — the document your snagging, delay and defects rights live in (the building agreement explained). Around it: BCAR certification — the design and assigned certifiers whose Certificates of Compliance stand behind the build (BCAR explained); and the structural warranty covering defined defects for defined periods (warranty claims).
The Three Moments of Maximum Leverage
- Before signing: the agreement reviewed — completion mechanics, long-stop dates, defects provisions — while you can still negotiate or walk;
- At snagging, before closing: the professional snag report, pressed through solicitor correspondence while your balance payment is still the builder’s incentive — see snag list rights;
- When defects emerge later: the mapping exercise — builder, warranty, certifier, professional — run promptly, because the limitation clocks do not pause for correspondence.
Estate-Wide Problems
Where a defect runs through an estate — shared workmanship, shared materials, shared certifier — individual owners gain strength in numbers: common expert evidence, common correspondence, sometimes coordinated proceedings. If neighbours are seeing the same cracks, say so at the first consultation; it changes the strategy. For apartment-specific defects and the remediation schemes, see apartment & duplex defects.
New Build Not What Was Promised?
Whether you are pre-signing, mid-snag or post-defect - the right move depends on the moment. One call establishes it.
Call 01 5827148