You close on a brand-new house. Nobody has ever scuffed the baseboards. Then, a few months in, a crack shows up over a doorway and the back patio starts to tilt.
So who fixes it? Most buyers assume “the warranty” does. In Utah, the honest answer depends on a document you probably skimmed at closing.
Short answer: A Utah new home warranty is whatever the builder puts in writing, plus implied warranties from your contract. State law mostly sets deadlines: six years from completion for contract and warranty claims, and a nine-year outer limit on most other claims. Read your builder’s booklet before you need it.
Does Utah law require builders to give a new home warranty?
No single state-issued warranty comes with every Utah new build. Your coverage comes from your purchase contract and the builder’s written warranty. Utah Code 78B-4-513 says an action for defective design or construction “is limited to breach of the contract, whether written or otherwise, including both express and implied warranties.”
In plain English, the contract is the whole ballgame. Damage a defect causes to other property, or an injury, can be claimed too. The defect simply not working, or your home losing value, doesn’t count.
That’s why the warranty booklet deserves more attention than the countertop samples. A real estate attorney can explain how implied warranties apply to your contract.
How much new construction is Utah building?
A lot. The U.S. Census Bureau Building Permits Survey shows Utah permitted 16,774 single-unit homes in 2025 (down from 17,674 in 2024), plus about 10,000 units in buildings with two or more units. Every one of those homes starts its own warranty clock.
What does a builder warranty usually cover in Utah?
Most builder warranties cover defects in workmanship and materials for a set period, then a shorter list of items for longer. Many are tiered: a short window for fit and finish, a longer one for plumbing, electrical and HVAC, and the longest for major structural parts like the foundation and load-bearing framing.
Lengths and definitions vary. “Structural defect” often means actual damage to a load-bearing element, not a drywall crack. The booklet spells out what counts and how to report it.
Our take: ask for the warranty document before you sign, not at the closing table. Homie’s guide to new construction vs resale in Utah covers what else is different about a builder contract.
What do new home warranties usually exclude?
Exclusions are where most disappointment happens. Common ones:
- Normal settling, shrinkage cracks and nail pops within a stated tolerance
- Drainage problems you created, like new landscaping sloped toward the house
- Appliances and fixtures covered by their own manufacturer warranties
- Anything you or your contractor altered, like a finished basement
- Skipped maintenance: caulking, filters, gutters
- Hotel stays, lost work time and other side costs
Some warranties also add a deductible for structural claims or require mediation or arbitration before a lawsuit. A real estate attorney can explain those terms.
How long do you have to take action against a Utah builder?
Six years from completion for claims based on the contract or warranty, under Utah Code 78B-2-225. Other claims get two years from when you discovered the problem (or should have), with a hard stop nine years after completion.
| Type of claim | How long you have | Key exception |
|---|---|---|
| Breach of contract or warranty | 6 years after completion | A contract or warranty can set a different period |
| Warranty promise that runs past 6 years | 2 years after the breach is discovered | Only if the builder fails to perform that later promise |
| All other claims | 2 years from discovery | No later than 9 years after completion |
| Problem found in year 8 or 9 | 2 years from discovery | Fraud and willful acts fall outside the 2-year and 9-year limits |
Watch that first exception. The statute lets a contract or warranty “expressly” set a different limitations period, and that could be shorter than six years. Only an attorney should tell you which deadline applies to you.
When does the warranty clock start on a new build?
Earlier than most buyers think. Utah Code 78B-2-225 defines completion as the earliest of three dates: a certificate of substantial completion, a certificate of occupancy, or the date of first use or possession.
So a spec home that sat finished for months may have burned part of its window before you got the keys. Ask the builder for the certificate of occupancy date and write it next to your closing date. Your booklet may start its own coverage periods at closing, so track both.
Does a builder warranty transfer if you buy a nearly new home?
Sometimes. Under Utah Code 78B-4-513, only a person in privity of contract with the original builder or developer can bring a defect claim, unless those contract rights are assigned to a later owner or an HOA.
Buying a three-year-old home from its first owner? Ask whether the written warranty transfers and whether that takes paperwork or a fee. Ask for the booklet and any open claims during your due diligence period, and have a real estate attorney review whether contract rights can be assigned to you.
What is an 11-month inspection, and should you book one?
It’s a home inspection scheduled just before a one-year workmanship tier runs out, so you can report everything while it’s still covered. If your builder’s first tier is one year, book it. Here’s the order we’d follow:
- Find your deadlines. Note each tier’s end date from the booklet.
- Keep a running list. Photos and dates, all year.
- Book the inspector around month 10. That leaves time for the report and a second look.
- Submit one written claim. Use the builder’s portal or form and attach everything.
- Get responses in writing. Save emails, work orders and sign-offs.
- Recheck after repairs. Make sure fixes held before the tier closes.
Should you get a home inspection before closing on a new build?
Yes. City inspectors check code items at stages of construction. A private inspector works for you and looks at the finished product. Many buyers add a pre-drywall inspection so someone sees framing, plumbing and wiring before they’re covered.
Then comes the final walkthrough. Test every faucet and outlet, and get every item on the builder’s written list. Homie’s article on what buyers need to know about a home inspection explains what an inspector checks. Builders often use their own purchase contract instead of Utah’s standard REPC, so have a Homie buyer’s agent fit inspections into the builder’s timeline. (Not sure you need an agent on a new build? Here’s our take.)
What if the builder won’t fix a covered problem?
Start with the builder’s warranty department, in writing, and keep a paper trail.
If you’re being ignored, you can file a complaint with the Utah Division of Occupational and Professional Licensing, which licenses contractors. Know its limits: DOPL says it “will not act as your attorney” to recover money. You can check a contractor’s license with the state’s license lookup.
Condo owners have one extra step. Under 78B-4-513, they must give the developer written notice and nine months to make repairs before suing.
Can a subcontractor put a lien on your new home?
Utah gives many owners real protection. Under Utah Code 38-11-107, a subcontractor generally can’t keep a lien on an owner-occupied home if the owner had a written contract with a licensed contractor or real estate developer and paid in full.
Two catches. DOPL’s Residence Lien Recovery Fund page says condo units in larger buildings typically don’t qualify, and warns the fund’s money is “extremely limited or may be unavailable.” If a lien notice shows up, call your title company and a real estate attorney.
Are third-party new home warranty plans worth it?
They can be, if you know which product you have. Many builders enroll homes in a third-party structural warranty, where an outside company backs the long structural tier. A home warranty is different: a service contract you buy that covers appliances and systems wearing out, usually with a per-visit fee and caps.
Neither replaces the builder’s obligations. Read the claim process, caps and exclusions, and ask an insurance agent whether anything overlaps your homeowners policy.
Quick answers
How long is a typical new home warranty in Utah?
It depends on the builder, because Utah doesn’t issue a standard one. Many builder warranties are tiered, with the shortest period for workmanship and finishes and the longest for major structural components. Separately, Utah Code 78B-2-225 gives six years from completion for contract and warranty claims, unless the contract sets a different period.
Does a new home warranty cover foundation cracks?
Small shrinkage cracks are usually excluded as normal. Cracks from an actual structural failure may fall under the structural tier, which is typically the narrowest and longest part of the warranty. Photograph and measure any crack when you first see it, report it in writing, and have an inspector or structural engineer look if it grows.
Can I get a home inspection on a brand-new house?
Yes, and you should. You can hire your own inspector, though builders may set rules for site access during construction. A pre-drywall visit, a pre-closing inspection and an 11-month inspection cover the three moments when problems are easiest to find and cheapest to get fixed under warranty.
What’s the difference between a builder warranty and a home warranty?
A builder warranty covers defects in how the house was built. A home warranty, really a service contract, covers repairs when appliances or systems wear out, no matter who built the home. Many new-build buyers carry both. A home warranty doesn’t extend your rights against the builder, so keep the paperwork separate.
Can I sue my builder after the warranty expires?
Possibly. Utah Code 78B-2-225 allows six years from completion for contract and warranty claims and up to nine years for other claims discovered later, with exceptions for fraud. Your options depend on your contract and the facts, so talk to a real estate attorney before a deadline passes, not after.
The bottom line
A Utah new home warranty is a contract, not a safety net the state hands you. Our take: read the warranty before you sign, inspect before you close, and treat month 11 like the deadline it probably is.
Shopping for a new build and want someone reading the fine print with you? Buy with Homie and a local agent will help you compare builder warranties, schedule inspections and build a complete walkthrough list. Whether you’re buying, selling, or doing both, Homie has your back.
— The Homie Team
*Examples are for illustrative purposes only. This article is general information, not legal, tax, lending or insurance advice.
*Data from the U.S. Census Bureau Building Permits Survey (2025 annual data, accessed September 2026) and the Utah Code on le.utah.gov (accessed September 2026). All data obtained from sources deemed reliable but not verified. Information not guaranteed.