Defective Premises Act 1972

สรุป

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.

ประเด็นสำคัญ

• 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))

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