The Building Safety Act 2022: Limitation Periods Extended

The landmark Building Safety Act 2022 (BSA), provides new protections for leaseholders who live, or previously lived, in unsafe properties.

The BSA establishes that building owners and developers - not leaseholders, are liable for costs associated with historical building safety defects. It also extends the limitation periods for claims to be brought in connection with unsafe buildings.

Under section 135 of the BSA, the claims period for work completed before 28 June 2022, is extended from six to 30 years, which essentially means a leaseholder can bring an action against a developer for works completed up to 30 years before the Act came into effect – meaning that claims which may previously have been out of time, now are not. ?The claims period for work completed after 28 June 2022, is extended from six to 15 years.

For those claims that will reach the 30-year point between 28 June 2022 and 28 June 2023, the 30-year end point will be 28 June 2023. ?For example, for dwellings completed as far back as June 1992, a leaseholder can now make a claim under the Defective Premises Act 1972, that would have been considered out of time prior to the introduction of the BSA.

The new section 2A of the Defective Premises Act, extends liability to refurbishment works, such as roof repairs, installation of insulation and even the fitting of external cladding to existing dwellings, not just new properties as in the previous legislation.

Concluding Thoughts

The extended limitation periods, offer leaseholders and building owners opportunity to bring claims for compensation for loss incurred as a result of defects to their properties which they might otherwise not have been able to pursue.

Leaseholders still need to prove that the defects complained of rendered their dwelling ‘unfit for habitation’. ?Courts are likely to find that defects affecting lighting, power, drainage, sanitation, and water supply render a dwelling unfit.?