Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Latent defects definition

What does Latent defects mean? Latent defects are hidden faults in a building or other property that could not reasonably be discovered on survey or inspection at purchase, completion or practical completion. They typically arise from design, materials, specification or workmanship and only become apparent later in use. The term is descriptive rather than statutory, but is widely used across construction, real estate and professional negligence practice, and is often defined or allocated by contract (for example in building contracts, collateral warranties and agreements for lease) or addressed by latent defects/structural warranties. Key features and significance: - Distinct from patent defects (which are apparent on reasonable...

New-build home warranties: NHBC, Premier and LABC schemes; coverage, exclusions, 2025 updates, consumer and shared ownership codes, lender requirements, case law and comparison with collateral warranties

Published by a LexisNexis Construction expert

Practice notes

This Practice Note examines the main forms of policies or guarantees (excluding standalone latent defects insurance products) currently available to shield homeowners and developers from faults in newly built and newly converted properties. It reviews several of the most common warranties: those offered by the National House Building Council (nhbc Buildmark or Buildmark Choice), Premier Guarantee and local authority Building Control (LABC). These providers jointly launched the Consumer Code for Home Builders (the Code) in April 2010. The Code sets out standards of good practice, processes and information that registered homebuilders must follow...

What are new home warranties?

A new home warranty is an insurance contract that provides purchasers of a new-build or newly converted dwelling with cover for certain categories of building defects. Such warranties have been in place for many years. Cover applies up to defined limits and for a defined term—commonly ten years—and is designed to reassure the purchaser that defects emerging within the warranty period will be put right...

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Web page updated on 21/05/2026

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