How do building regulations, technical standards and builder standards differ – and why does it matter?

All new build homes in the UK are subject to a series of standards which cover safety, structural integrity and quality of finish. Some are legal requirements all builders must meet, while others are determined by the builder themselves. Understanding the differences can help you ask the right questions when buying a new build and avoid unpleasant surprises on completion. With support from home warranty provider, NHBC, we have set out the key details below:

Building regulations

In the UK, Building Regulations (Building Standards in Scotland) are set by the relevant governing body in each of the devolved nations (England, Scotland, Wales, Northern Ireland). They are legal statutory requirements and cover design and workmanship to ensure properties, and alterations to properties, are safe, accessible, and energy efficient.

Building regulations do not just apply to new builds but also to any alterations made to existing properties. Regulations are often updated to reflect new information or policy changes. For example, the Grenfell Tower fire led to several changes in building regulations via the Building Safety Act, while other regulations have been updated to reduce the climate impact of homes as part of the government’s goal to become net zero by 2050.

Technical standards

Most new build homes come with a home warranty, usually lasting 10 years. Many home warranty providers set technical standards which builders must meet before a home warranty will be issued.

NHBC is the largest provider of new home warranties – and a supporter of the Consumer Code for Home Builders. Although Building Regulations are the baseline for NHBC Technical Requirements, their standards go beyond legal requirements to cover more elements of a property.

Kim Carter, NHBC Head of Claims Consumer Strategy, explains: “NHBC Technical Standards provide technical requirements and performance guidelines for designing and constructing new homes registered for an NHBC Buildmark warranty and insurance policy. All builders who register with NHBC are required to meet our Standards. These include specific requirements relating to construction, access, foundations, glazing and finish.”

Other warranty providers may set similar requirements, but these can vary, and you can usually request a copy of the technical standards your home has been built to by speaking to your warranty provider.

Builder quality standards 

Builder quality standards are set by individual builders and cover commitments to quality and finish that may exceed what is required by their warranty provider. For example, if your builder is selling ‘luxury homes’ you could reasonably expect this could mean higher quality finishes and accessories such as oak doorways or natural stone work surfaces included with your home.

However, terms like ‘luxury’ or ‘modern’ are open to interpretation. Ask your builder what this, or any other general terms used to describe your home, means in practice. Don’t be afraid to seek specific guidance on what that means for details such as door handles, tiles, glazing, decor and white goods. Be aware that even ‘luxury’ homes are likely to have some minor defects that may be apparent during your pre-completion inspection or after moving in.

What to expect and when to seek help

All homes must meet the relevant building regulations, or building standards in Scotland. If you have concerns you should contact your home warranty provider and/or your local authority’s building control team or your approved inspector (which may be your warranty provider) immediately to inspect the work. Under our Code, legal completion can only take place on a home that meets the UK Building Regulations and all building safety requirements that apply.

As a minimum, the home should also meet the home warranty provider’s technical standards if required. If not, most warranty providers would expect your builder to put right any problems identified within two years of legal completion. Thereafter, your home warranty provider would lead on resolving any issues that fall under their technical standards (including structural defects).

Most teething issues with new homes relate to ‘snags’. Snagging items tend to be minor or cosmetic issues (such as scratches, dents, finishes to décor, etc). Obvious faults should always be rectified by your builder (within the first two years), but you can also raise concerns about finishes which may not meet the expectations set by your builder’s quality standards or your home warranty provider’s technical standards.

Defects tend to relate to items that may not be working properly, structural issues or drainage and which have been caused by the builder. They will typically be covered by your home warranty policy, albeit your builder will be responsible for putting things right initially.

The difference between ‘snagging’ and ‘defects’ can be quite nuanced. However, both snagging items and defects could arise from a builder’s failure to comply with a home warranty provider’s Technical Requirements/Standards. Builders are not responsible, however, for damage or faults caused by wear and tear.

Warranty providers are not party to any quality standards a builder may set for themselves and can only require builders to comply with their technical requirements/standards. Issues you may have in relation to what a builder has set or described as their own quality standards would be a contractual matter between you and the builder. However, the Consumer Code for Home Builders does offer some protection, not only in ensuring builders provide clear, transparent information, but also that they provide an accessible after sales service, and provide and follow a complaints process.

To help reduce the risk of problems after you move in, talk to your builder during the sales process about exactly what to expect from your home, including the standards they are working to. Keep a note of any promises made and follow up conversations on email so you have a record of what has been discussed.

Our guide on what to expect from your new home can help you identify potential snags or defects as well as providing reassurance about how to manage the drying out process. We also produce a consumer protection overview to help you understand what support is available.