Part 5: Other provisions about safety standards, etc. Construction products Section 151: Liability relating to construction products: limitation in Scotland Background
This is a new provision.
	This section sets out the limitation periods for the new causes of action created by sections 148 and 149 in Scotland.
	The cause of action created by section 148 will be subject to a 15-year limitation period, which will apply prospectively only. The cause of action created by section 149 will have a 30-year limitation period retrospectively, and a 15-year limitation period prospectively.
	This means that for work completed prior to commencement of the provision, a claim must be brought within 30 years of the completion of the work. For work completed after commencement, a claim must be brought within 15 years of the completion of the work.
	These limitation periods mirror equivalent provision for limitation in England and Wales in relation to the new causes of action.
Example 1
Construction work is completed on 10 January 2002 that involves the installation of cladding product on the exterior of a high-rise residential building in Scotland.
In 2024, it is discovered that dwellings in the building were unfit for habitation on completion of the works. The cladding used in the construction was mis-sold as being suitable for use in the particular construction.
A claim could be brought against the cladding product manufacturer until 10 January 2032.
Example 2
Construction work is completed on 10 January 2024 that involves the installation of construction product in a multi-occupied residential building in Scotland.
In 2028, it is discovered that dwellings in the building were unfit for habitation on completion of the works. The construction product used in the works was mis-sold as being suitable for the particular type of construction.
A claim could be brought against the cladding product manufacturer until 10 January 2039.