Negligent or Faulty Building Work: Examples and When You Can Sue

If a builder's work is defective, you may well have a claim. But the route matters. Many people assume they can sue a builder "for negligence". In England and Wales, that is usually the wrong label: the strongest claims are normally in contract or under the Defective Premises Act 1972, not in the tort of negligence. This guide explains the main legal routes, then gives realistic examples of faulty work and which route is likely to fit.

Route 1: a claim in contract

If you hired the builder, you have a contract with them, even if nothing was written down. Two kinds of terms protect you:

• Express terms: what the builder agreed to do, such as the drawings, specification and quotation.
• Implied terms: for a consumer (an individual having work done on their home), the Consumer Rights Act 2015, section 49 implies that the trader must perform the service with reasonable care and skill. For business clients, the Supply of Goods and Services Act 1982, section 13 implies the same standard. Materials supplied must also be of satisfactory quality.

A consumer whose work falls short can ask the trader to put it right (repeat performance) or seek a price reduction under section 54, and can also claim damages, for example the reasonable cost of having another firm correct the work.

Limitation: a contract claim generally must be brought within six years of the breach, usually when the defective work was done, or twelve years if the contract was signed as a deed. Defects often appear later, so time can run out before you notice the problem.

Route 2: the Defective Premises Act 1972

Section 1 of the Act says that anyone taking on work for or in connection with the provision of a dwelling must do it in a workmanlike or professional manner, with proper materials, so that the dwelling is fit for habitation when completed. The duty is owed to the person who ordered the work and to every later owner, so you can use it even if you bought the house from someone else and never had a contract with the builder. It covers builders, developers, architects, engineers and subcontractors.

Key features:

• It applies to the provision of a dwelling, such as a new house or flat, or a conversion that creates one. It is not a general remedy for every poor-quality repair.
• The defects must, taken together, make the dwelling unfit for habitation. Minor cosmetic faults will not usually meet that standard.
• Time limits were extended by the Building Safety Act 2022. For dwellings completed on or after 28 June 2022, you have 15 years from completion to claim. For dwellings completed before that date, the period is 30 years from completion, applied retrospectively (previously it was only six years).
• A newer duty in section 2A applies to work done in the course of business on existing buildings containing dwellings (for example, an extension or refurbishment), where the work was completed after 28 June 2022. It has a 15-year limit.

Route 3: negligence (limited)

The law of negligence protects against personal injury and damage to other property. It does not generally let you recover the cost of repairing the defective building itself, or the loss in its value. That kind of loss is called "pure economic loss".

The House of Lords established this in Murphy v Brentwood District Council [1991] 1 AC 398. The Court of Appeal confirmed in Robinson v PE Jones (Contractors) Ltd [2011] EWCA Civ 9 that it applies to builders. Mr Robinson bought a new house from the builder, and years later the gas fire flues were found to have been built defectively. His contract claims were out of time, so he sued in negligence. The court held that the builder owed him no duty in tort to avoid this kind of economic loss, and his claim failed. The court said a builder's relationship with its client is governed mainly by the contract.

So negligence is useful mainly if faulty work causes injury or damages something else, such as a collapsing ceiling breaking furniture. It also has its own time limits: generally six years from the damage, or three years from when you knew (or should have known) the relevant facts if later, under the Limitation Act 1980, section 14A (added by the Latent Damage Act 1986). There is an overall 15-year longstop from the negligent act under section 14B. Personal injury claims have different rules.

Other routes worth checking

• Building regulations: work that does not comply with the Building Regulations is strong evidence that it was not done with reasonable care and skill. Your local authority building control, or the approved inspector who signed off the work, can tell you what was certified.
• New-home warranties: most new homes come with a structural warranty. Under NHBC Buildmark, the builder must fix defects reported during the first two years. Years three to ten are insurance cover for specified defects. Other providers offer similar schemes; check the policy's cover and reporting deadlines.

Examples of faulty work and the likely route

Problem	Likely routes
Extension foundations dug too shallow, causing cracking a few years later	Contract (reasonable care and skill, building regulations breach); section 2A if completed after 28 June 2022 and the extension makes the home unfit; structural warranty if a new home
New-build house with missing or bridged damp-proof course, causing persistent damp	Defective Premises Act section 1 (including against the developer by later buyers); new-home warranty; contract if you bought directly from the developer
Roof re-covered with poorly fixed tiles, letting water in	Contract claim for the cost of repair; negligence for any damage to contents or furniture
Rewiring with unsafe connections and no valid electrical certificate	Contract (and building regulations); negligence if someone is injured or a fire damages property
Kitchen fitted out of level with poor finishes	Contract only (cosmetic faults are unlikely to make a home unfit for habitation)

What to do if you discover defects

1. Photograph and date everything, and keep the contract, quotes, invoices and messages.
2. Tell the builder in writing, describe the defects and give a reasonable deadline to fix them. Consumers can formally request repeat performance.
3. Get an independent report from a chartered surveyor or structural engineer for anything serious. It will be key evidence.
4. Check deadlines now: the six-year contract period may be closer than you think.
5. Notify your warranty provider within the policy's time limits, if one applies.
6. Send a letter of claim before going to court, setting out the defects, the legal basis and the cost of repair.

Key points

• Most claims for faulty building work are in contract, based on the duty of reasonable care and skill.
• The Defective Premises Act protects later owners of dwellings, with 15-year (or 30-year retrospective) time limits.
• Negligence rarely covers the cost of repairing the defect itself; it covers injury and damage to other property.
• Contract claims usually expire six years after the work, so act promptly.
• Warranties such as NHBC Buildmark can help with new homes, but they have their own reporting deadlines.