Part 5: Other provisions about safety standards, etc. Remediation of Certain defects Section 120 – Meaning of "relevant defect" Effect
This section defines "relevant defect" for the purposes of sections 122 to 125 and Schedule 8. Schedule 8 provides that the costs associated with remediation of historical building safety defects cannot be passed to qualifying leaseholders through the service charge. This section defines the types of defects to which the Schedule, and other relevant sections, apply.
	In subsection (2) a "relevant defect", in relation to a building, is defined as anything done (or not done), or anything used (or not used) in connection with relevant works that also causes a building safety risk. The reference to anything done (or not done) in this subsection would capture a defect arising due to, for example, shoddy building work. Subsection (4) sets out that the reference to anything done (or not done) includes the provision of professional services, for example those of an architect. The reference to used (or not used) would capture, for example, the use of inappropriate or defective construction products in the building.
	For a defect to be a "relevant defect" it must cause a building safety risk. A "building safety risk" is defined in subsection (5) as a risk to the safety of people in or about a building arising from the spread of fire or the collapse of the building or any part of it.
	Subsection (3) defines "relevant works" and "the relevant period" which apply for the purposes of the definition of "relevant defect". "The relevant period" is defined as the 30-year period prior to commencement of this section, which is two months after Royal Assent of this Act.
	Relevant works are those that have resulted in the creation of a relevant defect and are defined as works relating to the initial construction of the building, or its conversion into a residential building; or those undertaken or commissioned by or on behalf of the building’s landlord or management company (which are defined in subsection (5)), where the works were completed in the relevant period.
	In addition to works completed in the 30 years prior to commencement, works which were done after commencement for the purpose of remedying a relevant defect are also relevant works. This means that where work has been done after commencement to fix a defect, if that work is faulty and further work is subsequently needed, then that work is also defined as relevant works.