Part 5: Other provisions about safety standards, etc. Remediation and redress: other provisions Section 134: Duties relating to work to dwellings Background
This section amends the Defective Premises Act 1972.
	The Defective Premises Act 1972 creates a right to claim compensation in the civil courts for defective work connected with the provision of a dwelling, where the work renders the dwelling not "fit for habitation". The Defective Premises Act currently extends to the "provision" of a dwelling, meaning construction (i.e. new builds) or conversion (e.g. offices into flats). In practice, the claimant will need to show that the work made the dwelling not fit for habitation, and it is up to a court to decide based on the facts of the specific case.
	The Defective Premises Act does not currently extend to work undertaken on a dwelling beyond its initial "provision", meaning that work undertaken on existing buildings that has made the dwelling not fit for habitation does not fall within scope of the Act, even for highly complex, major works. This section expands the right to claim compensation to any work undertaken on a dwelling, provided that work is done in the course of a business.
Example
Work to refurbish an existing block of flats is done by a contractor. As a result of that work, one or more of the flats are no longer fit for habitation. This would constitute a breach of the duty under new section 2A of the Defective Premises Act 1972 and leaseholders of the affected flats would be able to bring a claim through the civil courts against the contractor for the cost of rectifying the defective work.