The Building Safety Act 2022 ("the Act")

• Published date: 04 November 2022
• Subject Matter: Real Estate and Construction, Construction & Planning
• Law Firm: Forsters
• Author: Mr Andrew Parker, Emily Holdstock, Sarah Heatley, Ryan Didcock, Dan Cudlipp and Emma Swan

The Act runs to more than 250 pages, covering a vast range of fire safety related matters in great detail. The Act's provisions will become law in stages, with the changes to the Defective Premises Act and the Building Act (explained below) having taken effect first on 28 June 2022.

So, what does the Act change in practice?

1. Potential Claims

Extension of Limitation Periods

• Claims under the Defective Premises Act:

The Defective Premises Act enables claims to be made for defective work relating to the construction of dwellings where the work renders the dwelling unfit for habitation. The limitation period (deadline) for claims brought under the Defective Premises Act is extended from 6 years to 15 years for new claims.

Where the claim relates to construction rather than the refurbishment of dwellings, there will be a retrospective 30-year limitation period.

• Section 38 of the Building Act:

This section provides a statutory right of action for breach of a duty imposed by the building regulations, so far as it causes physical damage (either injury or property damage). The limitation period for breaches is extended to 15 years.

• Claims against construction product manufacturers:

Where the use of defective construction products leads to the building being uninhabitable the limitation period will be 15 years. If the claim relates to a cladding product however, there will be a 30-year retrospective limitation period.

Other claims

• There will be a new right for those with an interest in a dwelling to claim against construction product manufacturers where the product fails to comply with a relevant requirement, has been mis-sold or is inherently defective and the use of that product causes or contributes to the dwelling being unfit for habitation.
• The High Court is able to make building liability orders against developers who have failed to meet a relevant liability under the Defective Premises Act 1972, or s38 of the Building Act 1984 as a result of a risk from fire spread or of structural collapse.
• New build home warranties to provide cover for 15 years.

2. Remediation Costs

• Part 5 of the Act deals with liability for costs of relevant defects, i.e. anything arising out of things done or used in connection with relevant works in the last 30 years or after that period to remedy a relevant defect which causes a risk to safety from fire or building collapse. A 'waterfall' approach is taken to liability - developers pay first, then manufacturers, then...