What is a defects liability period?

How it works in Ireland

Some defects only show after you live in a house: a crack as the building dries, a leak after the first storm, heating that behaves differently in winter. A defects liability period gives you a set time in the contract to have them fixed by the builder who made them.

The period begins at practical completion and the contract states how long it lasts. During it you notify defects, usually in writing, and the builder returns to fix them. Retention is normally tied to it: part is released at practical completion and the rest when the period ends and the defects have been put right.

The contract period is not your only protection. Consumer law and a claim in contract or negligence may apply beyond it, and a latent defects policy deals with a different kind of problem. Take advice if a serious defect appears late, and do not assume the end of the period ends your options.

What to ask

Before signing, ask what the period is, what counts as a defect, how you must give notice, and how fast the builder must respond. Ask what happens to retention if defects are disputed. Diarise a check towards the end, including after the first heating season, so you do not lose the chance to list problems.

A common mistake

Telling the builder by phone and relying on that. Send each defect in writing with a photo and date, and keep the replies. If a dispute follows, the paper trail is your evidence.

Diarise the end date on day one, and ask the builder to confirm in writing when the period starts. A short note in your calendar a few weeks before it ends gives you time to walk the house, list everything outstanding and send it to the builder while the contract still obliges them to act.