Part 5: Other provisions about safety standards, etc. Construction products Section 149: Liability for past defaults relating to cladding products Effect
Section 149 makes provision for a new cause of action where a cladding product used in construction works cause, or is a factor in causing, a dwelling being unfit for habitation, following completion of certain works.
	Subsection (1) sets out that this section 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 cladding product requirement (which is defined in subsection (12)), or a person makes a misleading statement in relation to a cladding product, or a person manufactures a cladding product that is inherently defective. A "cladding product" is defined in subsection (11) of this section.
	Subsection (3) sets out Condition B. Condition B is that the cladding product is attached to, or included in, the external wall of a relevant building (as defined in section 147) in the course of works to that building.
	Subsection (4) sets out Condition C. Condition C is that, when the works to install the cladding product in 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 a dwelling, or dwellings, 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 liability 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 the works are completed.
	Subsections (9) and (10) set out a safeguard to ensure fairness in proceedings. They provide that where a claim is brought and the continuation of the claim would breach a defendant’s Convention rights, the court must dismiss the claim. The "Convention rights" are defined in subsection (12) as having the same meaning as in the Human Rights Act 1998.
	Subsection (11) provides a definition for "cladding product requirement" in relation to the relevant regulations in force at the time. Subsection (12) defines a "cladding product" and makes clear that the term "external wall" includes parts of the roof in certain cases.
	Section 149 applies equally in England and Wales and Scotland. Section 169(7) provides a power for the provisions to be extended, by regulations, to Northern Ireland.