Part 5: Other provisions about safety standards, etc. Remediation and redress: other provisions Section 135: Limitation periods Effect
This section makes a number of changes to extend the limitation periods (i.e. the period within which legal action must be brought) in respect of action under section 1 of the Defective Premises Act 1972, (the yet to be commenced) section 38 of the Building Act 1984, and new section 2A of the Defective Premises Act 1972 (see section 134). The changes to limitation periods are achieved primarily by inserting new section 4B into the Limitation Act 1980 (subsection (1)). The Limitation Act currently provides that the limitation period with respect to these causes of action is six years.
	This section extends the limitation period under section 1 of the Defective Premises Act (relating to the "provision" of a dwelling) to 30 years retrospectively and 15 years prospectively. This means that relevant work completed prior to the commencement of this section will be subject to a 30-year limitation period, and work completed after commencement will be subject to a 15-year limitation period.
	This section also provides for 15-year limitation periods under section 38 of the Building Act and new section 2A of the Defective Premises Act. These changes will apply prospectively only.
	This section provides in subsection (4) that, in respect of section 1 of the Defective Premises Act, where a revived limitation period would last for less than one year (known as "the initial period"), it will instead last for one full year, in order to give potential claimants the necessary time to take advice and lodge a claim.
	Where a limitation period is extended retrospectively this section sets out two safeguards to ensure fairness in the proceedings. First, subsection (5) provides that, where a claim is lodged and the continuation of the claim would breach a defendant’s human rights, the court must dismiss the claim. Secondly, subsection (6) provides that, where a claim has previously been dismissed or otherwise concluded (for example, if settled), the extended limitation period will not, of itself, be sufficient to reopen the claim.