Limitation Periods…. Today is the Day!June 2022
We have been providing regular updates and speaking at workshops and seminars over the last 12 months as the government sought to finalise the Building Safety Act 2022, which forms along with the Fire Safety Act, its main legislative response to the Grenfell Inquiry. The Building Safety Act finally received Royal Assent on the 28 April 2022 with the majority of provisions coming into force over the next 12 to 18 months. However, a number of the key provisions in the Act come into force today, the 28th of June.
These new provisions have been welcomed by potential claimants and caused disquiet amongst potential defendants as they introduce new limitation periods for certain causes of actions. Briefly, the Building Safety Act , extends the limitation period for claims under S1 or 2A of the Defective Premises Act 1972 in respect of dwellings that have been rendered unfit for habitation due to faults in their construction or to additional work post-completion. The limitation period for claims under the DPA will be extended for works already completed from 6 years to 30 years and for prospective work from 6 years to 15 years.
Additionally, claims can also be pursued under the new section 38 of the Building Act in respect of a claim for “physical damage” caused by a breach of building regulations. The limitation period for these types of claims will also have a 15 year limitation period as a result of the new Building Act provisions.
Remediation Orders and Remediation Contribution Orders also come into effect today. These orders make it compulsory for landlords to remedy defects which have arisen within the last 30 years, which cause a “building safety risk” as defined by the Act which includes risks to the safety of individuals and persons “in and about a building” from the spread of fire to the collapse of all, or part of a building.
Today, also sees the introduction of a new section 10B into the Limitation Act (s150). This extends the limitation period for construction products to 15 years from the date the right of action accrues. In respect of defective cladding products the claimant has the benefit of a 30 year limitation period where the rights of action have accrued before today ( 28th June).If after today , the limitation period is 15 years.
We discuss in detail all of the above provisions in our various articles published on our website under our ‘Building a Safer Future’ campaign , and Sheena Sood (Beale’s Senior Partner) provides her own commentary on the Act in her latest article in Building magazine (https://www.building.co.uk/legal/what-the-new-building-safety-act-means/5117967.article).
I will also be taking a more in depth look at limitation periods and the Building Act 2022 in an upcoming podcast with my colleagues Joanna Lewis and Giles Tagg which will be broadcast for download, in a couple of weeks.Download PDF