What UK Defective Premises Act 1972: Duty to Build Dwellings Properly and Landlord and Builder Duties of Care requires
The Defective Premises Act 1972 imposes statutory duties of care in connection with the construction and condition of dwellings in England and Wales, and is a central route to liability for defective construction work. Section 1 imposes a duty on a person taking on work for or in connection with the provision of a dwelling to do the work in a workmanlike or professional manner, with proper materials, so that the dwelling will be fit for habitation when completed; this duty is owed to the person ordering the work and to every person who acquires an interest in the dwelling. Section 2 excludes from the section 1 remedy dwellings covered by an approved scheme (historically the NHBC scheme). Section 2A, inserted by the Building Safety Act 2022, extends duties to work done to existing dwellings (for example refurbishment and remediation), not only to the original provision of a dwelling. Section 3 provides that a duty of care owed in respect of work done on premises is not abated by the subsequent disposal of those premises, so a later owner is not deprived of a remedy. Section 4 imposes on a landlord who is under an obligation or has a right to repair the demised premises a duty of care to see that persons who might reasonably be affected by defects are reasonably safe from personal injury or damage to property. Section 5 applies the Act to the Crown, section 6 contains supplemental provisions including that the duties imposed by the Act cannot be excluded or restricted by any agreement, and section 7 sets the short title, commencement and extent. The Act is a primary statutory foundation for claims arising from defective dwellings and the post-Grenfell remediation regime.
Pillar: Construction & Real Estate · Authority: UK Parliament · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/1972/35/contents
SHA-256 integrity: 2260fae5f250cb603f9024cf2b09b699b1f7a1c24bc9f1b9c6aac13faa254890
Primary Citations — 8 traced to source
- Defective Premises Act 1972, section 1 - duty to build dwellings properly and fit for habitation.
- Defective Premises Act 1972, section 2 - cases excluded from the remedy under section 1 (approved schemes).
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