Part 5: Other provisions about safety standards, etc. Construction products Section 148: Liability relating to construction products Effect
Section 148 makes provision for a new cause of action where a construction product used in construction works causes, or is a factor in causing, a dwelling to be unfit for habitation on completion of those works.
	Subsection (1) sets out that section 148 applies when Conditions A to D are met.
	Subsection (2) sets out Condition A. Condition A is that a person fails to comply with a construction product requirement (which is defined in section 147), or a person makes a misleading statement in relation to a construction product, or a person manufactures a construction product that is inherently defective. A "construction product requirement" is defined in section 147 as a requirement under either of the 2011 or 2019 regulations, or construction product regulations made under schedule 11 of this Act (defined in section 147).
	Subsection (3) sets out Condition B. Condition B is that the construction product referred to in subsection (2) is installed in, or applied, or attached to, a relevant building (as defined in section 147).
	Subsection (4) sets out Condition C. Condition C is that, when the works to the relevant building are completed, the relevant building, or a dwelling contained within the building, is unfit for habitation.
	Subsection (5) sets out Condition D. Condition D is that the facts referred to in subsection (2) were the cause, or one of the causes of the building or dwelling being unfit for habitation.
	If Conditions A to D are met, a claim for compensation can be brought through the civil courts. A claim can be brought by those who have a relevant interest in relation to the relevant building and have suffered a loss due to a dwelling being unfit for habitation.
	Subsection (6) sets out that loss can be claimed for personal injury, damage to property or economic loss.
	Subsection (7) provides that any attempt to contract out of any liability arising under this section is void.
	Subsection (8) sets out when the limitation period commences, and refers to the statutory provisions which apply separately for England and Wales, and Scotland. In relation to a building’s initial construction, the limitation period commences when the building is completed. In relation to other works not connected with the initial construction of the building, the limitation period commences when those works are completed.
	Subsection (9) and (10) define "construction product" for the purposes of this section.
	Section 148 applies equally in England and Wales and Scotland. Section 169(7) provides a power for this section to be extended, by regulations, to Northern Ireland.