Summary
This Act imposes a duty on persons who take on work for or in connection with the provision of a dwelling to see that the work is done in a workmanlike or professional manner, with proper materials, so that the dwelling will be fit for habitation when completed. The duty is owed to the person ordering the work and to every person who acquires an interest in the dwelling. The Act was significantly amended in 2022 to extend the limitation period for claims under it.
Key Points
- Duty to build dwellings properly — applies to builders, developers, architects, surveyors and sub-contractors (s.1)
- The duty is owed to the person who ordered the work and to subsequent purchasers (s.1(1))
- Work must be done in a workmanlike/professional manner with proper materials so the dwelling is fit for habitation (s.1(1))
- Landlord's duty of care regarding defects in the state of premises let (s.4)
- The limitation period was extended from 6 to 15 years by the Building Safety Act 2022 (retrospectively for existing buildings)
- Cannot be excluded or restricted by contract (s.6(3))
Parts & Sections
Amendments History
2022 — Building Safety Act 2022
Extended the limitation period for claims under s.1 from 6 years to 15 years, with retrospective effect for existing buildings.