The Building Safety Act and the Defective Premises Act 1972

The Building Safety Act 2022 is one of the most significant pieces of legislation for the construction industry in many years. The significance of the Act extends beyond the creation of a building safety regulator and the extensive new provisions in relation to higher-risk buildings. The Act also makes a significant change in relation to the scope of the Defective Premises Act 1972 and the limitation period applicable to claims brought under both the Defective Premises Act and s38 of the Building Act 1984. It widens the duty owed under the Defective Premises Act beyond the "provision of a dwelling" to a person who, in the course of a business, "takes on work in relation to any part of a relevant building". Further, the limitation period applicable to a claim under s1 of the Defective Premises Act 1972 is now 30 years retrospectively and 15 years prospectively, while in relation to claims brought under s38 of the Building Act 1984 (when it is brought into force) and s2A of the Defective Premises Act 1972 will be subject to a 15-year limitation period which operates prospectively.