Ask a Richmond builder about the warranty and you will usually hear “one, two, ten”. It is a useful shorthand and it is not the whole picture, because it describes a contract the builder wrote. Virginia separately implies a warranty into the sale of a new home by statute, and the statutory one runs on a different clock.
Knowing which is which matters most in month thirteen, when the express one-year coverage has lapsed and something is wrong.
What 1-2-10 usually means
| Period | What a typical express builder warranty covers |
|---|---|
| Year 1 | Workmanship and materials. The broad period: drywall cracks, paint, trim, hardware, minor settling, fit and finish. |
| Years 1-2 | Distribution systems. Plumbing, electrical and HVAC ductwork and lines, as distinct from the appliances and equipment themselves, which usually carry their own manufacturer warranties. |
| Years 1-10 | Major structural defects only, narrowly defined. Load-bearing elements. Not a general ten-year warranty on the house, which is the most common misunderstanding. |
This structure is a market convention rather than a legal requirement. Terms vary between builders, coverage is frequently administered by a third-party warranty company, and the document generally sets out a required notice procedure and often a dispute resolution clause. Read the actual warranty booklet, not the summary in the sales brochure.
What Virginia implies on top of it
Section 55.1-357 of the Code of Virginia implies warranties into every contract for the sale of a new dwelling. Where the seller is in the business of building or selling homes, the dwelling is warranted to be sufficiently free from structural defects, constructed in a workmanlike manner, and fit for habitation.
“Structural defects” is defined in the statute as defects that reduce the stability or safety of the structure below accepted standards, or that restrict its normal use. These warranties survive the transfer of title and are in addition to, not instead of, whatever the builder’s own warranty says.
The statutory clock is one year, and five on the foundation
This is the part that surprises people. Under subsection F the statutory warranty extends one year from transfer of record title or your taking possession, whichever comes first, except that the foundation is covered for five years. Any action for breach must be brought within two years after the breach.
So the ten in “1-2-10” is contractual, not statutory. If your express warranty is thin on structural coverage, the statute does not quietly extend it to a decade.
You must give written notice, and the builder gets time to cure
For defects discovered after July 1, 2002, subsection E requires you to give the seller written notice stating the nature of the claim before you have a cause of action. It must go by certified mail to the last known address, or by commercial overnight service or the Postal Service with a receipt obtained, or be hand delivered with a receipt retained. The seller then has a reasonable period, not to exceed six months, to cure the defect.
Two practical consequences. Keep the receipt, because the statute is specific about proof of delivery. And for claims arising on or after January 1, 2009, sending that notice tolls the limitations period for six months, so giving proper notice protects your position rather than delaying it.
It can be waived, but only loudly
A contract can waive, modify or exclude these implied warranties and sell a new home “as is”, but only if the waiver is conspicuous, appears on the face of the contract, is set in capital letters at least two points larger than the rest of the contract type, and states with specificity which warranties are being waived. If everything is waived, the contract must say in those same enlarged capitals that the dwelling is sold “as is”.
If you see a block of oversized capitals in a new construction contract, that is what it is for. Read it rather than initialing past it, and if you do not understand what is being given up, that is the moment for a Virginia real estate attorney rather than after closing.
Two exclusions worth knowing
Condominiums are outside this section. The statutory definition of “new dwelling” expressly excludes condominiums and condominium units created under the Virginia Condominium Act. If you are buying a new condo, your protection comes from the Condominium Act and your contract, not from § 55.1-357. Attached-home market conditions are in Richmond’s condo and townhouse market.
Homes built solely for lease are excluded, and the definition also turns on prior occupancy, so a house lived in by someone other than the seller for more than 60 days, or held and occupied by the seller for more than 12 cumulative months, may fall outside “new dwelling” altogether.
There is also a narrow provision on roof sheathing. Where fire-retardant treated plywood or substitute sheathing is used, the manufacturer’s warranty is deemed assigned to you at settlement and you get a direct cause of action against the manufacturer, with anti-assignment language in that warranty unenforceable.
Buying new construction in Richmond? We read the warranty booklet and the contract’s waiver language before you sign, not after. See how we work with buyers, or browse new construction homes in Richmond.
How to use all this in the first year
- Keep a running list from day one. Nail pops, sticking doors, grout, grading. Most express workmanship coverage expires at twelve months and builders expect a consolidated list.
- Submit before month eleven, not month twelve. Leave room for scheduling. A request logged on day 364 is a request in dispute.
- Put everything in writing. For statutory claims the written notice with proof of delivery is a legal requirement, not a formality.
- Separate the equipment from the house. The furnace, water heater and appliances usually have manufacturer warranties with their own registration requirements and dates.
- Watch the foundation window. The statutory foundation warranty runs five years. If you see stair-step cracking in masonry, doors racking, or floors going out of level, get it assessed inside that period.
- Check the builder’s license status. Contractors are regulated by the Virginia Board for Contractors at DPOR, which is also where complaints against a licensed builder go.
Where new construction sits in this market
New construction is concentrated in the western and southern growth corridors, which is why the warranty conversation comes up most in Chesterfield and western Henrico. Communities such as Hallsley, Midlothian and Short Pump carry a steady supply of both new and nearly new homes, and the nearly new ones are where warranty questions get interesting, because some coverage may have run and some may transfer.
Whether new or resale makes sense in the first place is weighed in new construction versus existing homes, the buying process is in how to buy a new construction home in Richmond VA, and the questions about the unfinished part of the neighborhood are in what to ask a Richmond builder. If you need financing lined up first, start with our preferred lenders.
Frequently asked questions
Is a 10-year warranty really ten years of coverage?
No. In the usual structure the ten-year element covers major structural defects only, narrowly defined, and not general workmanship, finishes or systems. Read the definition of structural defect in your own warranty document, because it controls what is actually covered.
Does Virginia require builders to give a warranty?
Virginia implies warranties into the contract for sale of a new dwelling under § 55.1-357, including freedom from structural defects, workmanlike construction and fitness for habitation where the seller is in the business of building or selling homes. That is separate from any express warranty the builder chooses to offer.
How long does the Virginia implied warranty last?
One year from transfer of record title or your taking possession, whichever comes first, with the foundation covered for five years. An action for breach must be brought within two years after the breach.
Can a builder make me waive the implied warranty?
A contract can waive, modify or exclude it, but only with conspicuous language on the face of the contract, in capital letters at least two points larger than the surrounding type, specifying which warranties are affected. A blanket “as is” sale must say so in those same enlarged capitals.
What do I have to do before suing over a defect?
For defects discovered after July 1, 2002 you must first give the seller written notice of the nature of the claim, delivered by certified mail, commercial overnight service or the Postal Service with a receipt, or hand delivered with a receipt retained. The seller then has up to six months to cure.
Does the warranty transfer if I buy a two-year-old house?
Express builder warranties sometimes transfer to a subsequent owner and sometimes do not, and any remaining structural coverage is the part worth checking. The statutory implied warranty runs from the original transfer or possession, so its clock is already partly spent. Ask for the warranty document and the original closing date.
Are new condos covered the same way?
No. Condominiums and condominium units created under the Virginia Condominium Act are excluded from the definition of “new dwelling” in § 55.1-357. New condo purchasers rely on the Condominium Act and their contract instead.
Should I still get an inspection on a brand new house?
Yes, and ideally before the one-year express workmanship period expires as well as before closing. A warranty is a route to a remedy, not a substitute for knowing what is wrong while someone is still obliged to fix it.
This is a general summary of Virginia’s implied warranty statute and of common express warranty structures as they stood at the time of writing, not legal advice. Your rights depend on your contract and your warranty document. For a specific defect, waiver clause or claim, consult a Virginia real estate attorney.
