Tayross Associates Chartered Building Surveyors | Party Wall Rates London | Party Wall Surveyor West London | Building/Structural RICS Survey London

The Building Safety Act 2022: A New Era for Defective Premises Claims

Tuesday 3rd June 2025

The Building Safety Act 2022 (BSA 2022) has ushered in some of the most significant reforms to building safety and liability in recent memory. Among its most notable changes is the dramatic extension of limitation periods for claims under the Defective Premises Act 1972 (DPA 1972)—a move that will have long-lasting implications for builders, developers, and homeowners alike.

Key Changes to Limitation Periods
Before the BSA 2022 came into effect, those wishing to bring a claim under the DPA 1972 had just six years from the date of a dwelling’s completion to do so. That left many homeowners without legal recourse once the clock ran out—regardless of how serious or costly the defects were.

Section 135 of the BSA 2022 has now amended this significantly by inserting Section 4B into the Limitation Act 1980, which introduces:

A 30-year retrospective limitation period for claims where the right of action accrued before 28 June 2022.

A 15-year prospective limitation period for claims where the right of action accrues on or after 28 June 2022.

This change offers a far wider window for affected parties to seek justice—particularly in historical cases where previously no legal avenue was available.

Broadened Scope of the DPA 1972
The DPA 1972 historically applied to the construction or conversion of dwellings. It imposed a duty on those involved in such work to ensure it was:

Carried out in a workmanlike or professional manner,

Used proper materials, and

Resulted in a dwelling fit for habitation upon completion.

The BSA 2022 now extends this duty even further. From 28 June 2022 onwards, it also applies to work done on existing dwellings—such as refurbishments, renovations, and remedial works. This means that builders working on already-inhabited homes are held to the same legal standard as those building from the ground up.

What This Means for Homeowners and Industry Professionals

The longer limitation periods offer greater protection for homeowners, leaseholders, and others with a legal or equitable interest in a dwelling. They now have more time to investigate and bring claims for defects that make a home unfit for habitation—especially important where problems only emerge years after completion.

However, there are still practical hurdles to consider:

Older claims may suffer from a lack of evidence, especially where documentation or contractor details have been lost over time.

Legal complexity may arise in proving that defects render a property genuinely unfit for habitation.

On the other side of the coin, developers and contractors should be aware that they may now face liability for historic works previously thought to be time-barred. This makes record keeping, quality control, and professional indemnity insurance more important than ever.

Final Thoughts

The Building Safety Act 2022 represents a clear shift in policy: putting more responsibility on those who build and maintain homes and offering stronger rights to those who live in them.

For professionals, this is a call to revisit past projects, ensure compliance going forward, and tighten risk management. For residents and property owners, it's an invitation to re-examine properties and seek advice where concerns about safety or habitability arise.