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Can You Claim Back Costs for Past Building Defects? Understanding the Retrospective Rights Under the Building Safety Act 2022

Tuesday 3rd June 2025

The Building Safety Act 2022 (BSA 2022) introduced a game-changing extension to the limitation period for claims under the Defective Premises Act 1972 (DPA 1972). Specifically, it allows for retrospective claims going back 30 years. This has prompted many homeowners, leaseholders, and management companies to ask: Can we now recover costs we already paid to fix building defects—even years ago?

The short answer is: possibly, but not automatically. The Act provides a new opportunity to bring claims, but recovering historic costs still requires meeting strict legal requirements.

Key Points to Understand
Yes, the BSA 2022 allows retrospective claims for defective residential work completed up to 30 years ago. But to succeed, several conditions must be met:

1. The defect must have rendered the dwelling “unfit for habitation” at the time the work was carried out. Not all construction issues qualify under this standard.

2. The claimant must have a legal interest in the property—typically as a freeholder, leaseholder, or other party with a proprietary or contractual stake.

3. The claim must be brought against a party who owed a duty under the DPA 1972—usually the original builder, developer, or designer responsible for the works.

No Automatic Reimbursement for Past Expenses
If the defect was fixed and the costs were paid by the homeowner or management company before 28 June 2022—without any legal claim or formal liability being established at the time—the right to recover those costs now is not automatic.

Instead, a new legal claim must be initiated under the retrospectively extended limitation period. This means:

- You can, in principle, bring a claim now for remedial costs paid before 2022, as long as the original defective work occurred within the last 30 years, and it breached the DPA 1972.

- But you must still prove liability, quantify your losses, and potentially overcome several legal defences—such as arguments about whether the defect really made the dwelling unfit, or whether any previous settlement or waiver applies.

Example Scenario
Imagine a block of flats completed in 1998 is later found to have unsafe cladding. In 2019, the leaseholders paid for the cladding to be replaced out of their own pockets. Now, in 2025, they are considering whether they can bring a claim against the original developer to recover those costs.

Thanks to the BSA 2022, they may be able to:

- The work was completed within the last 30 years (1998).

- The cladding defect arguably made the flats unfit for habitation.

- The limitation period for a claim under s1 DPA 1972 has been extended retrospectively.

However, success depends on more than timing:

- They would need to provide clear evidence that the defect rendered the property unfit for habitation.

- There must be proof of breach of duty by the original developer.

- The remedial works in 2019 must have been necessary, and the costs justified and reasonable.

Conclusion
While the retrospective 30-year limitation period opens a valuable legal route, it does not create a right to automatic reimbursement for past remedial work. The success of such claims will depend on the strength of the legal case, the availability of evidence, and how well the claimant can connect the defect to the party responsible under the DPA 1972.

If you’re considering pursuing such a claim, it is crucial to consult with a solicitor experienced in building safety or construction litigation. The law may now be on your side—but building a successful case still takes strategy, evidence, and legal precision.