Building Safety Fallout: Defective Premises Act 1972 Claims After the Building Safety Act 2022

Introduction

The Building Safety Act 2022 has transformed the legal landscape for construction defects, creating new causes of action, extending limitation periods, expanding potential defendants and opening up new avenues of recovery for building owners, developers, residents and their advisers. Against that backdrop, understanding the operation of the Defective Premises Act 1972 has become more important than at any time since it was enacted.

During this session, we will explore the scope of the DPA, who owes the duty, the types of buildings and claims to which it applies and the significant impact of the Building Safety Act reforms - including the introduction of section 2A and the extension of limitation periods.

We will also consider the latest judicial guidance on key issues such as fitness for habitation, the liability of developers and professionals, recoverable losses, limitation and the interaction between DPA claims and wider Building Safety Act remedies.

Whether you advise clients on acquisitions, development, asset management, dispute resolution, insurance recovery or building safety compliance, this session will provide practical guidance, highlight common pitfalls and help you identify and manage the substantial legal and financial risks that can arise from defective residential construction.

What You Will Learn

This live and interactive course will cover the following:

• The duty under the DPA
• Who owes that duty and to whom
• The types of property to which it relates
• Defences to claims under the DPA
• Types of losses that may be recoverable
• Limitation periods
• Exclusions or limitations of liability
• The relationship between the DPA and remedies under the Building Safety Act 2022 and the Civil Liability (Contribution) Act 1978

Those attending will leave with a clearer understanding of how to assess potential claims, respond to emerging building safety issues and navigate an area of law that continues to evolve rapidly through both legislation and the courts.

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.