Don’t miss your Florida builder’s 1-year warranty deadline. Learn what happens if your home inspector finds a code violation before it expires—and how to get it fixed fast.
When you buy a newly constructed home in Florida, it usually comes with a 1-year statutory builder warranty—but here’s the catch: it’s on YOU to find the issues and notify the builder before that clock runs out.
At SW Inspections LLC, we specialize in 11-month warranty inspections that help homeowners identify serious defects before the builder walks away.
What Is the 1-Year Builder Warranty in Florida?
As of July 1, 2025, Florida law (§ 553.837) requires builders of newly constructed homes to offer a 1-year warranty that covers:
- Defects in materials, workmanship, or systems
- That cause a “material violation” of the Florida Building Code
- Which could result in physical harm or significant damage
This applies to single-family homes, duplexes, triplexes, quads, and even modular or factory-built homes—as long as they haven’t been lived in before you.
When Does the Warranty Start (and End)?
The 1-year warranty period begins on the date of first occupancy or when the title is transferred to the first homeowner—whichever comes first.
That means you’ve got exactly 12 months to:
- Find the problem
- Prove the problem
- Notify the builder in writing
If you’re on month 11? Time is ticking.
What Happens If an Inspector Finds a Code Violation?
Here’s how it plays out if you schedule an 11-month warranty inspection with SW Inspections and we uncover a code violation:
1. We Document the Problem
Our inspectors reference the specific section of the Florida Building Code, with clear photos, notes, and an explanation of why it’s considered a material defect.
2. You Notify the Builder
You’ll need to send the builder a written letter with a copy of the inspection report—before the 1-year deadline hits.
We recommend sending it certified mail or email with receipt confirmation.
3. The Builder Must Repair It
If the violation qualifies, the builder is legally required to:
- Repair the issue at their own expense
- Fix any additional damage caused during the repair process
They don’t get to brush it off or say, “that’s normal”—they’re on the hook for legitimate violations of building code.
What’s Not Covered?
The warranty does NOT cover:
- Normal wear and tear
- Damage caused by the homeowner
- Acts of God (lightning, hurricane, etc.)
- Appliances under manufacturer warranties
- Cosmetic settling (unless it causes structural problems)
That’s why it’s critical your inspector knows how to separate true code violations from cosmetic issues.
What If You Sell the Home Before the Year Is Up?
Good news: the warranty transfers to the new owner automatically.
If you had an inspection done before the sale, the new buyer can use that report to push the builder for repairs—as long as they’re still within the one-year window.
What If the Builder Refuses?
If the builder:
- Ignores the report
- Denies the issue
- Drags their feet on repairs
…you can take legal action under § 553.837 and force compliance through civil court.
This isn’t some optional “courtesy warranty”—it’s the law.
Sean’s Advice
“Get the 11-month inspection done around month 10 or 11. That gives you time to act before it’s too late.
Make sure your inspector actually knows how to cite code and document defects that matter. If your builder says they’ll ‘look into it,’ put it in writing and start the clock.
Most importantly—don’t miss your deadline. That’s exactly what some builders count on.”
Why Choose SW Inspections for Your 11-Month Warranty Check?
- Licensed & insured home inspectors
- We know the local building codes inside and out
- Reports are code-cited, photo-documented, and actionable
- We help you understand what to do next—including sample builder letters if needed
- Fast turnaround on reports so you don’t miss your warranty deadline