Florida’s one-year construction warranty requires the builder of a newly constructed home to repair, at the builder’s expense, any defect in equipment, materials, or workmanship that amounts to a material violation of the Florida Building Code, as long as you report it within one year of closing or first occupancy.1Florida Senate. Florida Code 553.837 – Mandatory Builder Warranty The warranty is created by Florida Statute 553.837 and applies automatically. You do not have to negotiate for it, and the builder cannot sell you a house without it.
What the Warranty Covers
The statute covers defects in equipment, materials, or workmanship furnished by the builder, any subcontractor, or any supplier, as long as the defect results in a material violation of the Florida Building Code.1Florida Senate. Florida Code 553.837 – Mandatory Builder Warranty The phrase “material violation” is doing most of the work in that sentence. A leaking roof, improperly installed electrical wiring, or plumbing that fails to meet code almost certainly qualifies. A hairline crack in drywall from normal settling likely does not.
When a defect is covered, the builder has to fix it at the builder’s expense and restore any work damaged in the process of the repair. It does not matter whether the problem traces back to the electrician, the framer, or a material supplier. The builder owes you the repair.
The warranty applies to a “newly constructed home,” which the statute defines as a single-family dwelling, duplex, triplex, or quadruplex that has not been previously occupied. Manufactured, modular, and factory-built buildings in those categories are included. Larger apartment buildings and commercial structures fall outside this statute.
What the Warranty Does Not Cover
Several exclusions are written into the statute, and most disputes between homeowners and builders happen along these lines:1Florida Senate. Florida Code 553.837 – Mandatory Builder Warranty
- Normal wear and tear from everyday use.
- Normal settling within generally accepted trade practices. Only settling severe enough to amount to a code violation would be covered.
- Damage caused by work you performed, materials you supplied, or modifications made by anyone acting on your behalf.
- Damage from storms, lightning, fires, natural disasters, or third-party actions.
- Appliances and equipment already covered by a manufacturer’s warranty. The builder’s warranty does not duplicate that coverage.
Cosmetic complaints that do not involve a code violation generally fall outside the statute, even if they bother you. That doesn’t mean you have no recourse. Many builders offer their own express warranties on fit and finish for shorter periods, and your purchase contract may give you additional rights. The statutory warranty is a floor, not a ceiling.
When the One-Year Clock Starts
The one-year period begins on the earlier of two dates: the date the builder conveys title to the first owner, or the date the home is first occupied.1Florida Senate. Florida Code 553.837 – Mandatory Builder Warranty If you moved in before closing under some kind of early-occupancy arrangement, the clock may already be running when you sign the deed.
If you buy a spec home that sat empty for months after the builder finished it, the warranty still runs from your closing date as the initial owner, not from the certificate of occupancy. And if the home is sold during that first year, the warranty follows the house. A second buyer who closes five months into the warranty inherits the remaining seven months.
Pull your closing documents and the certificate of occupancy and write down the exact date the year expires. That single date drives every deadline that follows.
How to Report a Defect to the Builder
Build a paper trail from the moment you notice a problem. Photograph and video the defect from several angles. Write a short description of what you see, when you first noticed it, and how it affects the home. Keep your purchase agreement, warranty paperwork, and every piece of correspondence with the builder in one place. For structural, electrical, or plumbing issues, an inspection report from a licensed professional strengthens the claim considerably.
Builders and third-party warranty administrators almost always require written notice of a claim. Send yours by certified mail or another method that generates proof of delivery. The notice should identify the defect, describe the damage, and reference the applicable warranty. Check your warranty paperwork first, because many builders designate a specific address, warranty department, or online portal, and notice sent to the wrong place can be treated as no notice at all.
If the builder agrees to repair, ask for the scope of work and the completion timeline in writing. Keep every request and every response. If the repair is inadequate or the claim is denied, that record is what you will rely on next.
The 60-Day Notice You Must Send Before Suing
This is the step homeowners miss most often, and missing it can get a lawsuit thrown out. Before you can file suit over a construction defect in Florida, you have to serve the builder with a written notice of claim at least 60 days in advance under Chapter 558 of the Florida Statutes.2Online Sunshine. Florida Code 558.004 – Notice and Opportunity to Repair If the home is part of a homeowners’ association representing more than 20 parcels, the notice period is 120 days. The notice has to reference Chapter 558 specifically.
Describe each defect in reasonable detail, identify its location well enough for the builder to find it, and explain any resulting damage you know about. You do not need to perform destructive testing or hire an engineer to send the notice. A visual inspection is enough at this stage.
After receiving your notice, the builder has 30 days to inspect the property. Within 45 days, the builder must serve a written response. The options available to the builder are:2Online Sunshine. Florida Code 558.004 – Notice and Opportunity to Repair
- Offer to repair the defect at no cost to you, with a described scope and timetable.
- Offer a monetary payment to settle the claim.
- Offer a combination of repairs and payment.
- Dispute the claim in writing and decline to remedy or settle.
- Defer to the builder’s insurer, which then has 30 additional days to determine a monetary payment.
You can accept or reject any offer. If the builder disputes the claim or you reject what is offered, you can move forward with legal action once the waiting period expires. Treat the Chapter 558 notice as mandatory, not optional.
What Happens After the First Year
The statutory one-year warranty is not the only deadline that matters. A defect that surfaces after year one may still be actionable as a general construction defect claim, but you have to file within two separate time limits.
The statute of limitations gives you four years to file a construction defect claim. For most defects, that clock starts when the local authority issues the certificate of occupancy or certificate of completion.3Florida Senate. Florida Code 95.11 – Limitations Other Than for the Recovery of Real Property If the defect is latent, meaning it was hidden and not reasonably discoverable, the four-year period starts when you discovered it or should have.
The statute of repose is the hard outer limit. You cannot bring a construction defect claim more than seven years after the certificate of occupancy or completion was issued, no matter when the defect was discovered. A latent defect found in year six still has to be filed before year seven ends. One that surfaces in year eight is time-barred.
These deadlines run in the background from day one. The one-year statutory warranty is the fastest and simplest path to a free repair, which is why acting inside that first year, with written notice and good documentation, is almost always worth the effort.