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 enter into standstill agreements with the potential defendants as soon as possible.
The time periods to watch out for are
Defective Premises Act 1972: 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 takes effect).
Section 38 Building Act 1984: The Building Safety Act 2022 finally brings Section 38 of the Building Act 1984 into force. It provides for claims for up to 15 years after works have been completed. Section 38 provides that a breach of building regulations which causes ‘damage’ is actionable, unless the building regulations provide otherwise. This section applies to "all buildings not just dwellings" and may be helpful for residents or owners of buildings with fire safety defects, as those defects are often breaches of building regulations. The Building Safety Act 2022 does not provide the same 30 year retroactive period.
Social
Valuation Services provided by Ringley's Valuation Team
Legal Services provided by Ringley Law
Building Surveying Services
Meet our Expert Property Commentators
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 enter into standstill agreements with the potential defendants as soon as possible.
The time periods to watch out for are
Defective Premises Act 1972: 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 takes effect).
Section 38 Building Act 1984: The Building Safety Act 2022 finally brings Section 38 of the Building Act 1984 into force. It provides for claims for up to 15 years after works have been completed. Section 38 provides that a breach of building regulations which causes ‘damage’ is actionable, unless the building regulations provide otherwise. This section applies to "all buildings not just dwellings" and may be helpful for residents or owners of buildings with fire safety defects, as those defects are often breaches of building regulations. The Building Safety Act 2022 does not provide the same 30 year retroactive period.
Valuation Services provided by The Ringley Group
Social
Meet our Expert Property Commentators
Mary-Anne Bowring FTPI FRICS FARLA FCABE Founder/Head of Asset Management
Strategic partnerships, holistic delivery/ opportunities, growth, value engineering, thought leadership
Ian Barber MD BTR Mobilisation & Leasing
Runs HQ & site lease-up teams. Drives rent pricing, mobilisation, marketing, happy residents!
Jon Curtis MRICS Head of Building Engineering
Chartered Building Surveyor. Lectures on EWS1 & building safety. Runs CapEx programmes.
Kate Robinson MTPI MD Blocks/FM Management (London Region)
Master plan setup, ops and staffing and resident engagement. ISO45001 champion.
Lee Harle Partner Ringley Law
Plot conveyancing. Debt litigation. Group Company Secretary.
Anthony Kingdon MIRPM AssocRICS MD Blocks/FM Management (North Region)
Stakeholder engagement. Mixed tenure specialist. Budget management. Plant audit, PPM compliance.
Chris Georgalis MRICS Head of Commercial Valuation
Chartered Valuer. Rental valuations: retail, leisure. IRR modelling and valuations for secured lending. Compulsory purchase & rent reviews
Nichola Pughe MRICS Head of Residential Valuation
Chartered Valuer. Rental development & mixed use valuations, IRR modelling. Leasehold enfranchisement specialist
Natalie Birmingham Helpdesk Support Manager
Trainer & Helpdesk Manager: people, systems,contractors. ISO45001 supply chain accreditation.
Steve Norman Planning Director
Land due diligence (opportunities & constraints) Has contributed to a number of award winning schemes.
