If the roof on your new South Carolina home leaks, protect the inside of the house, document everything, and tell the builder in writing through the channel your warranty names. If the builder won't fix it, state law sets a written notice process before a construction defect lawsuit. Here is how each step works.
This isn't legal advice
This post summarizes what South Carolina statutes and the Residential Builders Commission's documents say. Your purchase contract and warranty may add steps or deadlines. Talk to a South Carolina lawyer about your contract before relying on any date here.
Step 1: Protect the house first
- Move furniture, electronics and rugs away from the drip.
- Catch water with buckets or bins and lay towels to protect floors.
- If a ceiling is sagging with water, stay out from under it and keep people and pets away.
- If water is near light fixtures or outlets, turn off that circuit at the panel if you can do it safely.
- Don't go on the roof. A wet roof is dangerous, and walking on it can create new damage.
Take photos before you move anything, then again after. Keep receipts for anything you buy to protect the house.
Step 2: Document the leak
Good records make every later step easier. Start a single file or folder the day you find the leak.
- Write the date and time you first saw water, and what the weather was.
- Take wide photos that show the room, then close-ups of the stain or drip. A short video shows active dripping better than a photo.
- If you can safely look in the attic, photograph the area above the leak with a flashlight.
- From the ground, photograph the roof above the leak. Zoom in on flashing, vents or valleys nearby.
- Mark the stain's edge in pencil and date it, so you can tell later if it grows.
- Write down every call, email and visit, with names and dates.
Step 3: Notify the builder in writing
Read your warranty for how claims must be filed, then follow it exactly. Some builders use a portal, some use email. Even if you call, follow up in writing the same day.
Describe what you see, not what you think caused it. For example: "Water dripping from the ceiling in the upstairs hall, below the front dormer, during rain on the evening of the 14th." Attach photos and ask for an inspection date.
Check whether your warranty requires the builder to have the first chance at repair. If it does, a repair by someone else could affect your coverage. Temporary steps to stop damage inside are a different matter, but ask the builder in writing if you aren't sure.
What the state's construction standards say about roof leaks
The Residential Builders Commission publishes Residential Construction Standards that it uses in analyzing complaints. Its roofing chapter says roofs should not leak, and that flashings, valleys and roofing should not leak.
The same chapter notes that a roof's performance depends on several trades, including sheet metal, siding, masonry and plumbing. When a leak appears, the contractor should inspect to decide which trade makes the repair. It also says occasional leakage can come from severe weather, and that some vent leaks during driving rain are a normal, temporary condition.
Timing matters. The standards say LLR inspects Performance Standards items, roofing included, that the homeowner identified within 12 months after substantial completion. Code and manufacturer-specification issues may be inspected up to eight years after substantial completion. A Certificate of Occupancy is evidence of that completion date.
Step 4: If the builder doesn't fix it, the statutory notice process
South Carolina's Notice and Opportunity to Cure Construction Dwelling Defects Act (S.C. Code §§40-59-810 to -860) applies before a homeowner sues a contractor over a dwelling construction defect. It covers single-family houses, duplexes and multifamily units of up to sixteen units and three stories.
The notice-and-cure steps in S.C. Code Title 40, Chapter 59, Article 5
| Step | What the statute says | Section |
|---|---|---|
| Written notice | Serve a written notice of claim on the contractor no later than 90 days before filing an action. | §40-59-840 |
| Contents | State that you assert a construction defect, describe it in reasonable detail, and describe any known results. | §40-59-840 |
| How to serve | Personal service, or delivery by certified mail to the contractor's last known address. | §40-59-820 |
| Clarification | If the defect isn't stated clearly enough, the contractor must ask for clarification within 15 days of receipt. | §40-59-840 |
| Contractor's answer | Within 30 days of service the contractor may inspect, offer to repair, offer to settle or deny. No response is deemed a denial. | §40-59-850 |
| Access | You must allow reasonable access to inspect, and to repair if repairs are agreed. | §40-59-850 |
| Your reply | Serve a response to any offer within 10 days of receiving it. | §40-59-850 |
| If unresolved | You may proceed with a civil action or other remedy available by contract or law. | §40-59-850 |
If a homeowner files suit before following the Act, the court must stay the case on request until the homeowner complies (§40-59-830). Offers of settlement or repair made under the Act are not admissible in the lawsuit.
Time limits to know about
Under S.C. Code §15-3-640, no action over a defective improvement to real property may be brought more than eight years after substantial completion, and normal limitation periods still run inside that window. Section 15-3-530 sets a general three-year limit for actions on a contract. When a clock starts is a legal question, which is another reason to talk to a lawyer early.
Filing a complaint with the Residential Builders Commission
A complaint to the Commission is separate from a lawsuit. Under §40-59-80, it must be in writing and sworn. The Commission's complaint page links an online form and gives (803) 896-4470 for a copy. It asks for clear facts, witnesses and copies of contracts and records, and says the matter is between the State and the contractor.
When to get an independent look
If the builder's repair doesn't hold, or you're told the leak is normal and you disagree, an independent inspection gives you a second written opinion. Licensed home inspectors and roofers can both help. Cola City Roofing offers free inspections if you'd like a second look at the roof.
For the full picture, from framing inspections to the first-year walkthrough, see our new-home roof guide.
