It's one of the most common things new-build owners hear: you report a problem, and customer care replies that it's “damage,” which had to be flagged within 7 days of completion — so there's nothing they'll do. It sounds official, and a lot of people accept it. But it hinges on a distinction worth understanding, because in many cases it's simply wrong.
Accidental physical marks to an otherwise sound, finished surface — a scratch on the glass, a chip on a worktop, a scuff on the paint. Because the builder can't tell after you move in whether you caused it, they typically ask for cosmetic damage to be reported at handover or within a short window (often quoted as 7 days, but it varies by builder and warranty — check your own paperwork).
Something that wasn't built or finished to the required standard — poor workmanship or materials that fall short of the NHBC Standards (or your warranty provider's) and Building Regulations. A defect is the builder's responsibility to put right under their liability in the first two years — and it is not subject to the 7-day cosmetic-damage window.
So the 7-day line is real — but it only ever applied to genuine cosmetic damage. The problem is when a builder takes a clear defectand reclassifies it as “damage” to trigger that short window and wave it away.
Failing or shrinking mastic and sealant, tiles that are hollow, lippy or cracking, doors and windows that don't sit square or won't close, hairline-plus cracks beyond normal drying-out, poor or patchy paint finish, uneven flooring. These aren't accidental knocks — they're workmanship not meeting the standard, which makes them defects, not “damage.”
Politely push back: “This isn't accidental damage — it's a workmanship defect that doesn't meet the required standard, which is covered under the builder's two-year liability, not the cosmetic-damage window.”Say it in an email, not on the phone, so there's a dated record.
A builder can dismiss “I'm not happy with it”; it's much harder to dismiss “this breaches the relevant NHBC Standard / Building Regulation.” If you've had a professional snagging inspection, ask your inspector to reference the specific code each item is in breach of — that turns your list from an opinion into a documented failure against a standard.
The cosmetic-damage window is exactly why the pre-completion inspection matters. Record every mark, scratch and chip at handover, with dated photos, so genuine cosmetic issues can't later be blamed on you — and so you've a clean baseline for anything that emerges after.
If a legitimate defect is still refused, use the builder's formal complaints procedure, then — depending on which scheme covers your home — the New Homes Ombudsman, a Consumer Code adjudicator, or your warranty provider's resolution service. Our guide on what to do when a builder won't fix your snags walks the full ladder.
When a builder tells thousands of individual owners “it's just damage,” each one feels alone. Put your experience on the record and the pattern becomes visible — the next buyer sees how this builder really handles defects, and good builders who never pull this get the credit. It's free, anonymous, and the builder gets a right of reply.
Put it on the record — how your builder handled it, good or bad. Free, anonymous, a few minutes.
Review your builderGeneral information, not legal advice. Reporting windows, what counts as a defect, and the cover and complaints route that apply all depend on your builder, your warranty provider (NHBC, LABC, Premier Guarantee and others) and which consumer code covers your home — check your own handover and warranty paperwork, and the current New Homes Quality Board, Consumer Code and warranty-provider guidance, or take professional advice if in doubt.