(Hidden) defects in your home? Here’s what’s changing from 1 September 2027.
You buy a property and subsequently discover damp problems, a leaking roof or a faulty heating system. Can you hold the seller liable for this? The rules will change from 1 September 2027. We’ve summarised the key differences below.
No longer a traditional distinction between visible and hidden defects
Today, we distinguish between ‘visible’ and ‘hidden’ defects.
- Visible defects: problems that you could have spotted during a normal and careful inspection of the property, such as a broken window or visible cracks in a wall.
- Hidden defects: problems that you could not have detected during a normal and careful inspection, such as damp behind a wall or a hidden fault in the heating system.
You can hold the seller liable for hidden defects if the defect is serious and, in principle, already existed at the time of sale. It must be so serious that you would not have bought the property otherwise, or would have bought it at a lower price. You must take the matter to court promptly. There is no fixed time limit, so seek advice in good time.
From 1 September 2027, the focus will no longer be on the traditional distinction between visible and hidden defects, but rather on whether the property meets the agreed requirements and conditions. In principle, the seller is liable for defects that were already present at the time of transfer, even if they are only discovered later or the seller was unaware of them. As the buyer, you must, however, prove that the defect – or at least its cause – was already present at the time of transfer.
"Buying a property is a major decision with far-reaching consequences. If a defect does come to light after the fact, a solicitor can assess what rights you have and work with you to find the most appropriate solution."
Deadlines
From 1 September 2027, the time limits you need to bear in mind will also change. Here’s a quick summary:
Have you discovered a defect in your property? If so, you can hold the seller liable for it, provided that the defect comes to light within ten years of the property being handed over.
As soon as you discover the defect, you must report it to the seller within a reasonable period. This also applies if you should actually have noticed the defect earlier. Exactly how much time you have depends on the circumstances. If you cannot reach an agreement with the seller, you generally have two years to take the matter to court. In certain circumstances, this time limit may be temporarily suspended, giving you more time.
Please note: There is, however, a final deadline. You can bring a claim before the court no later than ten years and three months after the handover of the property. After that, that right lapses, even if the other time limits have not yet expired.
What does this mean for you?
Did you enter into a purchase agreement before 1 September 2027? In that case, the old rules generally continue to apply.
A fault has been spotted – what now?
Have you discovered a fault with your property? Take photographs, gather evidence and notify the seller as soon as possible, preferably in writing.
A solicitor can help you understand your rights and find an appropriate solution, such as repairs or a price reduction. Which solution is appropriate depends on the specific circumstances.
You can also consult a solicitor before the purchase. They can review your contract of sale and guide you through every step of the buying process. Please note: the contract of sale may contain clauses that limit or exclude the seller’s legal liability. Such a clause is not valid in all circumstances. You should therefore have the contract carefully reviewed before signing it. Do not wait too long, as you will lose your rights if you do not report the problems in a timely and proper manner.
Want to find out more?
My house has hidden defects – what should I do?
At last, a home of your own! But then problems start to crop up. Whilst everything seemed perfectly fine at the time of purchase, faults soon become apparent. Damp in the walls, a heating system that isn’t working properly, contaminated soil … You hadn’t reckoned on any of that. What’s more, had you known about these defects beforehand, you would have bought the property for a lower price – or perhaps not at all.
My house
Finally, your own place! Did you buy or sell, rent or let. A home should be a safe haven, no matter what.