We're only covered by NHBC if it doesn't comply to the regs *and* there's an imminent danger to the occupants health and safety. I don't think our health and safety is at risk.
To quote from their claims guidelines, section 4 of the doc:
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"If there is a present or imminent danger to the physical health and safety of the occupants of your Home because it does not comply with the Building Regulations that applied to its construction, conversion or renovation in relation to the following specified Building Regulations, we will pay you the Cost of the necessary repairs"