Last amended by Building Safety Act 2022 in 2022. Extended limitation period from 6 years to 15 years prospectively and 30 years retrospectively for claims relating to higher-risk buildings.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Defective Premises Act 1972 imposes a statutory duty on persons taking on work in connection with the provision of a dwelling (including builders, developers, architects, and sub-contractors) to ensure that the work is done in a professional manner with proper materials so that the dwelling will be fit for habitation when completed. It provides a cause of action for owners and subsequent purchasers.
Key Points
- Duty to build dwellings properly — work must be done in a workmanlike or professional manner with proper materials (s.1)
- Duty owed to the person ordering the work and every person who acquires an interest in the dwelling (s.1(1))
- Cannot be excluded by contract (s.6(3))
- Landlord's duty of care in respect of defects arising from failure to maintain or repair (s.4)
- Limitation period extended to 15/30 years by Building Safety Act 2022 (s.135 BSA)
- 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 limitation period from 6 years to 15 years prospectively and 30 years retrospectively for claims relating to higher-risk buildings.
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.
Frequently asked questions
- Who is legally responsible for ensuring a new home is built properly?
- The Act imposes a statutory duty on builders, developers, architects, surveyors, and sub-contractors. They must ensure work is done in a workmanlike or professional manner using proper materials so the dwelling is fit for habitation when completed. This duty is owed to the person who ordered the work and to any subsequent purchaser who acquires an interest in the property.
- Can a builder contract out of the duty to build a house properly?
- No. Section 6(3) of the Defective Premises Act 1972 explicitly states that the duty to build dwellings properly cannot be excluded or restricted by contract. This means that even if a building contract contains clauses attempting to limit liability for defects, the statutory duty remains in force and cannot be waived by agreement between the parties.
- What are a landlord's responsibilities regarding defects in a rented property?
- If a tenancy agreement obliges the landlord to maintain or repair the property, they owe a duty of care to anyone who might reasonably be affected by defects in the state of the premises. This duty arises specifically from the landlord's contractual obligation to keep the property in good repair, covering defects that result from a failure to maintain or repair the dwelling.
- Can a new homeowner sue the original builder for defects?
- Yes, the Act provides a cause of action for both the original owner who ordered the work and subsequent purchasers. The duty is owed to every person who acquires an interest in the dwelling, meaning that if you buy a property that was built with defects, you can potentially bring a claim against those who carried out the construction work.