Part 5: Other provisions about safety standards, etc. Remediation and redress: other provisions Section 135: Limitation periods Background
This section is a new provision. To complement the redress provisions for newly built homes that are being introduced through the Act, the Government wishes to go further and extend redress provisions for existing buildings.
Example 1: Extended limitation period
Work on a new build block of flats is completed in 2024 and, seven years later, the leaseholders of a flat in that block find that, during the building work, there was a breach of a requirement imposed by the building regulations. Under section 38 of the Building Act 1984 the leaseholders can lodge proceedings to have their claim heard by the court within 15 years of the completion of the work.
Example 2: "Revived" limitation period
Work on a new build block of flats was completed in 2000 and in 2019 leaseholders discovered that there were defects in the original work to the extent that the flat is unfit for habitation, potentially giving rise to a cause of action against the housebuilder under section 1 of the Defective Premises Act 1972. However, the limitation period had already expired in 2006, so no claim was brought. Due to the retrospective extension of the limitation period to 30 years, the leaseholders could now bring proceedings up until 2030.