New Construction Builder Warranty in Florida: What You're Owed (2026)

What changed with Florida's builder warranty law in 2025?

Before July 1, 2025, Florida had no mandatory statutory warranty for newly constructed homes. Buyers were largely dependent on whatever warranty the builder chose to offer — or their ability to negotiate warranty language into the contract. Builders varied widely in what they covered, for how long, and how willing they were to honor claims.

That changed when Florida enacted HB 623, codified as Section 553.837 of the Florida Statutes. The law requires every builder of a newly constructed single-family home, duplex, triplex, or quadruplex to provide a mandatory, transferable 1-year warranty against construction defects.

For first-time buyers purchasing new construction in Riverview, Wesley Chapel, Parrish, Lutz, or Land O' Lakes — where new construction is most common — this law creates baseline protections that previously did not exist.

What does the 1-year statutory warranty actually cover?

The Florida statutory warranty covers construction defects in equipment, materials, or workmanship provided by the builder or any subcontractor or supplier that result in a material violation of the Florida Building Code.

"Material violation" has a specific legal meaning: a Florida Building Code violation that may reasonably result in, or has already resulted in, physical harm to a person or significant damage to the performance of a building or its systems.

In practical terms, covered defects typically include:

• Roof defects — improper flashing, inadequate decking attachment, code violations that allow water intrusion
• Foundation and framing issues — structural defects that affect building performance
• Plumbing installation errors — leaks, improper venting, inadequate slope on drain lines
• Electrical defects — code-violating wiring, improper panel work
• Window and door installation — water intrusion from improper sealing or flashing
• HVAC ductwork — code violations in duct installation, inadequate sizing

The warranty clock starts on whichever comes first: the date the deed transfers to you at closing, or the date you first occupy the home.

What the builder warranty does NOT cover

Understanding exclusions is just as important as knowing what's covered.

Manufacturer-warranted items. The statutory warranty excludes appliances and equipment already covered by a manufacturer warranty. Your refrigerator, dishwasher, microwave, HVAC unit, and water heater typically come with their own manufacturer warranties that run separately.

Cosmetic defects. Paint chips, surface scratches, minor settling cracks in drywall, and aesthetic issues that do not violate the Florida Building Code fall outside statutory coverage. Review the builder's own warranty document for cosmetic coverage, which varies by builder.

Homeowner-caused damage. Any defect resulting from homeowner modifications, misuse, failure to maintain, or negligence is excluded.

Normal wear and tear. Gradual deterioration expected with use is not a warranty defect.

Non-builder work. If you hire your own contractor to add a room, install a fence, or modify the home during the warranty period, defects in that work are not the builder's responsibility.

Before closing, ask for a copy of the builder's full warranty document — not just the statutory summary — so you understand exactly what their written warranty adds to or subtracts from the statutory minimum.

The 2-year and 10-year layers you also have

Most major Tampa Bay builders — DR Horton, Lennar, Pulte, Meritage Homes, David Weekley — go beyond the 1-year statutory floor. The industry-standard structure provides three layers:

The 2-year systems warranty gives you protection specifically on HVAC, plumbing, and electrical systems after the broader first-year workmanship coverage narrows. This matters because HVAC failures and plumbing leaks often show up after the home has been lived in for a full seasonal cycle.

The 10-year structural warranty covers defects in load-bearing elements: foundation, beams, columns, and structural framing. Florida Statute 553.835 provides additional background on structural warranty obligations. Structural defects are rare but catastrophic when they occur, and 10 years of coverage provides meaningful protection.

Ask for a copy of all warranty documents at closing and store them somewhere you can find in month 11.

The 11-month inspection: the most important thing first-time buyers overlook

Your builder's 1-year warranty has one hard deadline: the anniversary of your closing date. After that, the statutory workmanship coverage expires.

The 11-month inspection is exactly what it sounds like. At month 10 or 11 after closing, you hire an independent licensed home inspector — not the builder, not someone the builder recommends — to go through the home systematically and document every defect they find.

• You submit all findings to the builder in writing before the warranty expires
• The builder has an obligation to respond to covered defects under the warranty
• Documented claims submitted within the warranty period preserve your rights even if the work takes longer to complete
• You are protected against defects that are just starting to show up (slow leaks, duct issues that only appear in summer heat, foundation movement from Florida's wet/dry seasonal cycles)

Budget $300 to $500 for an independent inspector. It is the highest-ROI home inspection you will ever pay for, because it activates a warranty that cost you nothing to receive and could cover thousands in repairs.

How to file a warranty claim with your Tampa Bay builder

Filing a warranty claim correctly is different from just calling the builder to complain.

Step 1: Document everything in writing. Take dated photos and video of every defect before reporting it. Verbal reports disappear. Written claims with documentation create a paper trail that matters if you need to escalate.

Step 2: Use the builder's formal warranty claim process. DR Horton, Lennar, and Pulte all have online warranty portals or dedicated warranty email addresses. Submit there — not to your sales rep, not to the construction manager. Your request needs to land in warranty administration.

Step 3: Reference the warranty coverage tier. State whether the claim is a 1-year workmanship issue, a 2-year systems issue, or a 10-year structural issue. Builders respond faster when they know you know which coverage applies.

Step 4: Follow up in writing. Florida law does not specify a builder response deadline, but reasonable time frames apply. If you do not hear back within two weeks, follow up via email and keep records.

Step 5: Escalate if necessary. If the builder ignores valid warranty claims, Section 553.837 gives homeowners a private right of action to sue. The Florida Homeowners' Construction Recovery Fund may also provide recourse for licensed contractor violations.

If you need minor repairs addressed before submitting your 11-month warranty claim, Best Bay Services offers handyman and HVAC services in Tampa Bay and can assess issues before you document them formally.

Builder warranty vs. home warranty — what first-time buyers actually need

These two products solve different problems and often create confusion.

Builder warranty: Covers defects from how the home was built. No cost to you — it comes with the home.

Home warranty: A service contract you pay for (typically $400 to $700/year) that covers mechanical breakdowns of existing systems and appliances regardless of cause.

The overlap during year one is significant. While your builder's 1-year warranty is in effect, the builder is responsible for covered defects that result from construction. A home warranty during year 1 is largely redundant for the systems the builder covers.

The practical strategy for most Tampa Bay first-time buyers:

• Year 1: Rely on the builder warranty. Skip or keep a minimal home warranty.
• Year 2+: Consider a home warranty when builder systems coverage (2-year) and the broader workmanship warranty have expired. Your HVAC is now on its own.

See our guide to home warranties for first-time buyers for a full cost-benefit breakdown.

What if the builder goes out of business?

Florida builders are required by law to be licensed through the Department of Business and Professional Regulation (DBPR). For licensed contractor violations, the Florida Homeowners' Construction Recovery Fund provides compensation up to $50,000 for qualifying losses when a licensed contractor fails to perform or goes insolvent.

Additionally, larger builders like DR Horton and Lennar administer warranties through third-party warranty companies (Residential Warranty Company, LLC and similar), meaning the warranty obligation may survive even if the builder's local division closes.

If you are buying from a smaller regional builder, ask specifically how their warranty obligations are backed and whether they use a third-party warranty administrator. This is a reasonable question and a good one to raise during new construction negotiation.

Understanding total new construction costs

Builder warranty is one piece of the new construction picture. First-time buyers also need to understand:

• CDD fees that add $125–$400/month in most Tampa Bay communities
• Property tax increases in year two as assessed value catches up to sale price
• Builder incentives worth up to $55K available in today's slower market
• Pre-inspection checklist before you take possession

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Florida's mandatory builder warranty law is one of the most buyer-friendly changes to hit the new construction market in years. But knowing the law exists is not the same as using it. Schedule your 11-month inspection, document everything, file claims in writing, and do not let the clock run out.

Call Barrett Henry, REALTOR, at (813) 733-7907. With 23+ years of real estate experience, Barrett represents new construction buyers exclusively on their behalf — not the builder's — in Wesley Chapel, Riverview, Parrish, Lutz, and across Hillsborough, Pasco, and Manatee County. There is no cost to you to have representation, and the builder pays the commission.

For down payment assistance on new construction, visit tampabaydownpayment.com — many builder communities qualify for Hometown Heroes, Pasco County DPA, or other stacking programs that can cover your down payment and closing costs entirely.