Building Safety Bill: Key Points For The Construction Industry

Published date13 August 2021
Subject MatterReal Estate and Construction, Construction & Planning
Law FirmShoosmiths
AuthorMs Amber Wright and Claire Morrissey

The Building Safety Bill was finally introduced into Parliament on 30 June 2021 with the aim of delivering fundamental reform to the building safety system. The Bill's progress through Parliament will be closely monitored as the construction industry looks to prepare for the potentially wide-ranging impact of this complex piece of legislation.

The Bill was published in draft form in 2020 to enable pre-legislative scrutiny. Lack of detail on key parts of the new regime was highlighted by the Housing, Communities and Local Government Committee in its report which contained a number of recommendations, following which some changes have been made prior to the Bill's introduction into Parliament.

Increased liability

The Bill includes new provisions to more than double the limitation period for breach of the duties contained in the Defective Premises Act 1972 (DPA 1972). Section 1 of the DPA 1972 applies to the carrying out of work in connection with the provision of a dwelling and imposes a duty:

  • to carry out the work in a workmanlike/professional manner
  • to use proper materials
  • when the work is complete, the dwelling must be fit for habitation

This extension to the limitation period will have retrospective effect, with the potential for claims previously thought to be out of time, now to be pursued. In addition, the cause of action under the DPA 1972 will be extended to include refurbishment work, applying prospectively and subject to the 15-year limitation period. Liability under s.38 of the Building Act 1984 for breaches of the Building Regulations will also be subject to the 15-year limitation period, applying prospectively, when this provision is in force.

Once these provisions come into force, this extension to the limitation period may open up a right of recovery for claimants seeking to bring claims against designers, contractors and developers concerning cladding, external wall systems and fire safety failings, that may currently be unavailable to them due to the expiry of the limitation period. Therefore, designers, contractors and developers may have a greater exposure to claims if the work they have carried out is subject to the extended limitation period.

'Higher-risk' buildings

The Bill provides for a stringent new regulatory regime that will apply during the design and construction of higher-risk buildings. The government's intention is that this will apply to buildings that are at least 18 metres in height or have at least seven storeys and...

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