Part 5: Other provisions about safety standards, etc. Remediation and redress: other provisions Section 134: Duties relating to work to dwellings Effect
Subsection (1) of this section amends the Defective Premises Act 1972 by inserting new section 2A into that Act.
	New section 2A(1) sets out that this section applies where a person takes on work in relation to any part of a relevant building in the course of a business. It does not apply, for example, to homeowners doing work on their own properties.
	New section 2A(2) defines a "relevant building" as a building consisting of or containing one or more dwellings (e.g. a house or a block of flats).
	New section 2A(3) sets out that the person who takes on work to a relevant building owes a duty to the person for whom the work is done and any person who holds or subsequently acquires a legal or equitable interest in a dwelling in the building (this includes homeowners and leaseholders). The duty applies to work done directly to a dwelling, and to work done to other parts of a building (such as to the communal parts of a block of flats). This section sets out that the person undertaking the work owes a duty to ensure that, as regards the work, the dwellings in the building are fit for habitation when the work is completed. This test is also used in section 1 of the Act (in relation to the original provision of a dwelling). The phrase "as regards the work" means that the person is responsible only for their own work and not any existing defects in the building (although the person will be responsible for their own work in relation to any defects which are within the agreed scope of the work).
	New section 2A(4) sets out that new section 2A(3) does not apply where the existing section 1 duty applies (i.e. where work is taken on in connection with the "provision" of a dwelling), or where it is expected that the dwelling will cease to be a dwelling on the completion of the work (e.g. converting flats into offices) or if the dwelling will have otherwise ceased to exist (e.g. demolition of a house).
	New section 2A(5) sets out that, where a person (A) takes on work for another person (B), and it is agreed that the work will be done in accordance with instructions provided by or on behalf of B, then if A does that work properly and in accordance with those instructions, then A will have discharged the duty and no claim would be able to be brought. There is an exception where there are defects in the instructions provided by B. In this case, if A has a professional duty to inform B that the instructions are defective but fails to do so, and carries out work in accordance with the defective instructions, then A fails to discharge their duty to B.
	New section 2A(6) makes clear that, for the purposes of new section 2A(5), the person commissioning the work is not treated as having given instructions just because they have agreed with the person doing the work that the work will be completed in a specified way.
	New section 2A(7) sets out that, if a person doing work to a relevant building arranges for another person to take on that work (e.g. subcontracting part of a project) then those persons (i.e. the subcontractors) also owe a duty for the work they take on.
	New section 2A(8) relates to the limitation period in respect of a breach of a duty imposed by new section 2A, as set out in the Limitation Act 1980, as amended by section 135. This section sets out that the 15-year limitation period starts when the work is completed. As with a time limit under section 1, if a person subsequently does work to rectify original defective work, the 15-year limitation period starts again when that further work is finished.
	Subsection (2) of this section makes clear that new section 2A will apply only to work completed after this section comes into force.