What our customers are asking
What was the limitation period of the Defective Premises Act 1972 before the Building Safety Act 2022?
Prior to the Building Safety Act 2022, the Defective Premises Act 1972 required claims to be brought within 6 years. The Building Safety Act which received Royal Assent on the 28th April 2022 has now completed all the parliamentary stages in both Houses to become an...Read More
Can you stop time on a building developer defect claim?
In short yes. Where the Buildng Safety Act extended 15 or 30 year limitation periods (effectively inserted into the Defective Premises Act 1972 and the Section 38 Building Act 1984) are near their end, residents, building owners and their advisors should seek to ent...Read More
Under what law can breach of building regulations claims be brought?
Section 38 Building Act 1984: Believe it or not since 1984 Section 38 of The Building Safety Act has never come into force! The Building Safety Act 2022 will bring Section 38 into force and provide for claims for up to 15 years after works have been completed. Se...Read More
What defence can a developer offer in respect of new developer claims now limitation periods have been extended?
Generally there are TWO potential defences a defendant may be able to raise in respect of the new limitation periods:if the claim has already been settled or determined; orthe extended limitation period breaches the defendant’s rights under the Human Rights Act 1998....Read More
Is the limitation period under the Building Safety Act 15 or 30 years?
The answer is BOTH. Specifically the Act extents the limitation period to 15 years prospectively for claims under s1 and s2A (claims that accrue after the Act takes effect); and to 30 years retrospectively for claims under s1 (claims that accrued before the Act take...Read More
What are the legal tests under the Defective Premises Act?
To succeed in such a claim, a claimant must show in particular that the defects being complained of render the dwelling or building ‘unfit for habitation’.This ‘unfit for habitation’ test is a relatively high hurdle to surmount and the test has not to date really bee...Read More
Is a Defective Premises Act claim better than a breach of contract claim?
Unlike, breach of contract claims (where claims are limited to original 1st buyers who bought directly from the developer only), one of the advantages of claims under the Is a Defective Premises Act 1972 is that the claimants (be they leaseholders or freeholders) do ...Read More
Who claims under the Defective Premises Act?
The Defective Premises Act 1972 only covers “dwellings” which for residential blocks means that the apartments themselves are covered, but the common parts are not. The Building Safety Bill will, however, introduce a new provision into the Defective Premises Ac1972 ...Read More
What does the Defective Premises Act offer leaseholders?
The Defective Premises Act 1972Under the Defective Premises Act 1972 a person taking on work for, or in connection with, the provision of a dwelling owes a duty to ‘every person who acquires an interest in that dwelling’ to see that work is done:In a workmanlike or p...Read More
Is the Building Safety Bill Law?
The Building Safety Act which received Royal Assent on the 28th April 2022 has now completed all the parliamentary stages in both Houses to become an Act of Parliament which means it is a certainty that both the DPA and separately section 28 of the Building Act 1984 ...Read More