Without any contractual link, are those who design or construct a dwelling liable to a subsequent owner where faulty design or construction leaves it unfit for habitation?
A subsequent owner with no contract is not without a remedy. The Defective Premises Act 1972 imposes a duty to build so the dwelling is fit for habitation, owed to first and later owners alike.
Yes: the Defective Premises Act 1972 imposes a duty on everyone who works on building, converting or enlarging a dwelling to work in a workmanlike or professional manner with proper materials so the dwelling is fit for habitation, and that duty is owed to the first owner and to subsequent purchasers without any contractual link, reaching the contractor, subcontractors, architect and engineers
Yes. The Defective Premises Act 1972 imposes a duty on everyone who takes on work in building, converting or enlarging a dwelling to work to a workmanlike or professional standard and with proper materials, leaving the dwelling fit for habitation, and that duty is owed to the first owner and to subsequent purchasers without any contractual link. It can reach the contractor, subcontractors, architect and engineers, depending on the work each took on. Fitness for habitation is wide: Bole v Huntsbuild held that the Act covers defects of quality, not only dangerous defects, and that a defect in one part of the dwelling can be enough, even where the owners still live there. Since the Building Safety Act 2022 the limitation period is 15 years from completion for work on or after 28 June 2022, and 30 years where the right of action accrued before that date, replacing the former six years; Alderson v Beetham, decided under the old period, held that failed remedial work by the original builder starts a fresh accrual of the cause of action. A designer who ignores recognised guidance, such as building near trees, can be liable under the Act.
| The Act | Defective Premises Act 1972: build fit for habitation |
| Who is owed | First owner and subsequent purchasers, no contract needed |
| Who owes it | Contractor, subcontractors, architect or engineer, per the work taken on |
| Fitness | Bole v Huntsbuild: quality defects, part of the dwelling, count |
| Limitation | 15 years, or 30 retrospectively, after the Building Safety Act 2022 |
The rest of this solution is for members
Fifty of the two hundred contractual solutions are free to read. This is one of the remaining hundred and fifty, which Premium and Pro carry.
See what Premium includesAlready a member? Sign in