What distinguishes a patent defect from a latent defect?
A patent defect is discoverable on the reasonable inspection appropriate at the relevant time. A latent defect is not. The classification depends on the defect, the inspection reasonably expected and the knowledge available, not merely on when the defect is reported.
Classify the defect by reasonable discoverability, then analyse the contract, remedy and limitation period separately
A visible or reasonably discoverable defect is patent; a hidden defect that would not be found by the kind of inspection reasonably expected is latent. A defect does not become latent merely because it was missed. Patent defects may affect practical completion where they are more than trifling. Latent defects cannot prevent certification while unknown, but later discovery may support contractual, statutory or professional-negligence remedies. Limitation is cause-of-action specific, and residential claims may engage the extended periods introduced by the Building Safety Act 2022.
| Issue | Position |
|---|---|
| Patent defect | Reasonably discoverable on the relevant inspection |
| Latent defect | Not reasonably discoverable on that inspection |
| Missed visible defect | Not necessarily latent |
| Completion effect | Known defects assessed under the completion test |
| Limitation | Depends on the pleaded cause of action |
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