THE INTERPRETATION OF s105 OF THE HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996

Nottingham Community Housing Association Limited v Powerminster Limited

HELEN PROCTOR

In Nottingham Community Housing Association Limited v Powerminster Limited, unreported, 30 June 2000, Technology and Construction Court, Mr Justice Dyson considered whether s105 of the Housing Grants, Construction and Regeneration Act 1996 applied to a contractual provision for the maintenance and repair of domestic heating systems. The issue turned on whether the maintenance and repair of a heating system, installed in a building, constituted a ‘construction operation’ within s105. Mr Justice Dyson held that it did, and that such operations were indeed ‘construction operations’. Accordingly, the contract was a construction contract within s105(1)(a).