Part 5: Other provisions about safety standards, etc. Construction products Section 150: Liability relating to construction products: limitation in England and Wales Background
Section 150 is a new provision.
	This section amends the Limitation Act 1980 to include the specific limitation periods for the new causes of action created by sections 148 and 149 in England and Wales. Section 151 sets out the equivalent provision for Scotland, which has a separate legislative regime. Section 169(7) provides a power to extend, by regulations, equivalent limitation periods to Northern Ireland.
	The cause of action created by section 148 will be subject to a 15-year limitation period, which will apply prospectively only (from commencement of the relevant section).
	The cause of action created by section 149 has retrospective effect, meaning that it applies to past defaults in relation to cladding products (to which see section 148(2)). The limitation period commences when the work involving the cladding product is completed. The limitation period will be 30 years for work completed prior to commencement, and 15 years for work completed after commencement.
	This means that for work completed prior to commencement of this section, a claim must be brought within 30 years of the completion of the work. For work completed after commencement of this section, a claim must be brought within 15 years of the completion of the work.
	The limitation periods set out in this section mirror the changes this Act makes to the limitation period under section 1 of the Defective Premises Act 1972 (to which see section 135).
Example 1
Construction work is completed on 10 January 2002 that involves the installation of a cladding product on the exterior of a high-rise residential building in England.
In 2024, it is discovered that dwellings in the building were unfit for habitation on completion of the works. The cladding used in the construction was mis-sold as being suitable for use in the particular construction.
The limitation period will expire on 10 January 2032.
Example 2
Construction work is completed in on 10 January 2024 that involves the installation of construction product in a multi-occupied residential building in England.
In 2028, it is discovered that dwellings in the building were unfit for habitation on completion of the works. The cladding used in the construction was mis-sold as being suitable for use in the particular construction.
The limitation period will expire on 10 January 2039.