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Handover & Completion · Mandatory · Completion

Warranties and Guarantees Register

A register of all product warranties, manufacturer guarantees, and installer guarantees.

Last reviewed: 29 March 2026 — This guide reflects UK law as of this date. Contract Law remains current with no amendments enacted as of 29 March 2026. Next scheduled review: 29 March 2027.

Legal basisContract Law
StatusMandatory
Prepared byPrincipal Contractor
TypesProduct/manufacturer warranties, Workmanship warranties, Collateral warranties
ImportantSome warranties require registration or activation by the building owner — failure to register may void the warranty

1. Warranties Register — Preserving the Client's Rights at Handover

The warranties and guarantees register is the consolidated record of all product warranties, workmanship guarantees, and collateral warranties provided in connection with the construction project. It is the building owner's definitive reference for understanding what warranty protection exists, who has provided it, what it covers, how long it lasts, and what conditions must be met to maintain it.

The principal contractor is responsible for collecting, collating, and delivering the warranties and guarantees register as part of the handover documentation. This is typically a pre-condition of the certification of practical completion or, at minimum, a pre-condition of the final release of retention. Each subcontractor should be required, as a condition of their subcontract final account, to provide all warranties and guarantees relating to their scope of work in the required format.

A critical but frequently overlooked aspect of the warranties register is the distinction between warranties that are automatically effective from the date of installation and warranties that require registration or activation by the building owner. Some product manufacturers require the building owner to register the warranty online or return a registration card within a specified period after installation. If the registration is not completed, the warranty may be void. The warranties register must clearly identify which warranties require activation and the process for doing so.

Check activation requirements

Some warranties require registration or activation by the building owner — failure to register may void the warranty. The warranties register must clearly flag every warranty that requires activation, specify the process, and note the deadline. The building owner should action all activations immediately upon receipt of the register at handover.

2. Warranties Register Contents

The following table sets out the data fields that should be recorded for each warranty or guarantee in the register. A complete register allows the building owner to identify, manage, and enforce every warranty for the life of the building.

FieldDescription
Item numberA unique reference number for each warranty entry in the register, enabling cross-referencing to the O&M manual and as-built drawings.
Product / systemThe specific product, material, or system covered by the warranty. Must identify the exact make, model, and specification — not a generic description.
LocationThe location within the building where the product or system is installed, referenced to floor, zone, room number, or drawing reference as appropriate.
Manufacturer / issuerThe name and contact details of the manufacturer, supplier, or party issuing the warranty. For collateral warranties, this is the party giving the warranty (typically the subcontractor or consultant).
InstallerThe name and contact details of the subcontractor or specialist who installed the product or system. The installer may have separate workmanship warranty obligations distinct from the manufacturer's product warranty.
Warranty typeThe type of warranty: product/manufacturer warranty (covering the product itself), workmanship warranty (covering the quality of installation), or collateral warranty (a direct contractual warranty from a subcontractor or consultant to the building owner).
CoverageA clear description of what the warranty covers and, equally importantly, what it excludes. Many warranties contain exclusions for improper use, failure to maintain, unauthorised modifications, or damage caused by third parties.
DurationThe warranty period, including the start date and expiry date. Some warranties run from the date of manufacture, some from the date of installation, and some from practical completion. The start date must be clearly recorded.
ConditionsAny conditions that must be met to maintain the warranty, including maintenance requirements, inspection regimes, use of approved spare parts, and restrictions on modifications. Failure to comply with conditions may void the warranty.
Activation requiredWhether the warranty requires registration or activation by the building owner, and if so, the process and deadline for activation. This is a critical field — warranties that require activation but are not registered are effectively void.
Claim processThe procedure for making a warranty claim, including the contact details, notification requirements, evidence required, and any time limits for notification. The building owner needs to know exactly how to make a claim when a product or system fails.
Document locationThe location of the original warranty document, certificate, or deed within the handover documentation (e.g. O&M manual volume and section reference, or electronic file path). The register is a summary — the original documents must be accessible.

3. Common Mistakes

1

Not requiring warranty submission as a subcontract deliverable

The most common reason for incomplete warranty registers is that subcontractors are not contractually required to submit warranties as a defined deliverable, with specified content and format, as a condition of their subcontract final account. If warranty submissions are not tied to payment, subcontractors will deprioritise them. The subcontract should clearly specify which warranties are required, the format, the submission deadline, and the consequence of non-compliance (typically withholding of final payment or retention).

2

Not notifying the building owner of activation requirements

Some product warranties require the building owner to register or activate the warranty with the manufacturer within a specified period (often 28 or 30 days from installation or practical completion). If the principal contractor does not clearly identify these activation requirements in the warranties register and notify the building owner at handover, the activation deadline may pass and the warranty may be void. This is a significant failure because the building owner has lost warranty protection through no fault of their own.

3

Not recording maintenance conditions

Many warranties are conditional on the building owner carrying out specified maintenance at defined intervals using approved methods and materials. If these maintenance conditions are not clearly recorded in the warranties register and communicated to the facilities management team, the building owner may inadvertently void a warranty by failing to maintain the product or system in accordance with the manufacturer's requirements. Roofing, cladding, and mechanical plant warranties commonly include maintenance conditions.

4

Not including collateral warranties

The warranties register should include collateral warranties as well as product and workmanship warranties. Collateral warranties are direct contractual agreements between a subcontractor or consultant and the building owner (or a funder or tenant) that give the beneficiary a direct right of action against the warrantor. They are particularly important for key design elements and specialist subcontract packages. Failing to include collateral warranties in the register means the building owner may not be aware of the direct contractual rights available to them.

5

Providing photocopies instead of original documents

Warranties and guarantees should be provided as original signed documents, not photocopies. Some warranty documents are only valid as originals, and a photocopy may not be enforceable. Where electronic documents are acceptable (and many modern warranties are issued electronically), the original electronic document should be provided, not a scan of a printout. The warranties register should record the location of the original document within the handover documentation and confirm that original documents have been provided.

4. Frequently Asked Questions

What is a collateral warranty?

A collateral warranty is a separate contractual agreement that sits alongside (collateral to) the main construction contract. It creates a direct contractual relationship between a party in the construction supply chain (typically a subcontractor, consultant, or designer) and a third party who is not a party to the main contract (typically the building owner, a funder, or a future tenant). The collateral warranty gives the beneficiary a direct right of action against the warrantor if the warrantor fails to perform their obligations under the main contract. Without a collateral warranty, the building owner may have no direct contractual right against a subcontractor or consultant because there is no privity of contract between them.

How long do roofing warranties typically last?

Roofing warranty durations vary depending on the system and the manufacturer. Single-ply membrane roofing systems typically carry manufacturer warranties of 15 to 25 years. Built-up felt roofing systems typically carry warranties of 10 to 20 years. Standing seam metal roofing may carry warranties of 20 to 40 years. These are manufacturer product warranties and are almost always conditional on the roof being installed by an approved installer and maintained in accordance with the manufacturer's maintenance schedule. The workmanship warranty from the roofing subcontractor is typically shorter, often 2 to 5 years. It is important to record both the product warranty and the workmanship warranty separately in the register.

What should the building owner do when they receive the warranties register?

The building owner should take the following steps immediately upon receiving the warranties register at handover. First, review the register to identify any warranties that require activation or registration and complete all activations before the deadlines expire. Second, set up a calendar of warranty expiry dates so that issues can be identified and notified before warranties expire. Third, ensure the facilities management team is aware of all maintenance conditions attached to warranties and that these are incorporated into the planned preventive maintenance schedule. Fourth, store the original warranty documents securely and ensure they are accessible to the facilities management team. Fifth, review the register for any gaps or missing warranties and notify the principal contractor immediately.

What happens when a product fails within the warranty period?

When a product or system fails within the warranty period, the building owner should follow the claim process recorded in the warranties register. This typically involves notifying the manufacturer or issuer in writing within a specified period of discovering the defect, providing evidence of the failure (photographs, inspection reports, test results), demonstrating that the product has been maintained in accordance with the warranty conditions, and allowing the manufacturer access to inspect the failed product. The manufacturer will then assess whether the failure is covered by the warranty or excluded (for example, due to misuse, lack of maintenance, or third-party damage). If the claim is valid, the manufacturer will typically repair, replace, or (less commonly) refund the product. If the claim is disputed, the building owner may need to obtain an independent expert assessment and pursue the claim through negotiation or legal proceedings.

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This guide is for general informational purposes only and does not constitute legal advice. While every effort is made to ensure accuracy, regulations change and individual project circumstances vary. Construction Suite is a trading name of Xzist Digital Ltd, registered in England and Wales.

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