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Latent Defects

Latent Defects

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Latent Defects

Protecting Your Property from Latent Fire Safety Defects

The Building Safety Act 2022 (BSA) has dramatically reshaped accountability, through its amendments to the Defective Premises Act 1972 (DPA). This legislative change extends the limitation period for bringing claims from a mere 6 years to 30 years retrospectively for defects identified before 28th June 2022, and 15 years prospectively for those accruing thereafter. There has been:

  • 810 defective premises claims since 2022
  • Largest claim: £28 million
  • Typical claim: £6 million

Proactive identification and expert remediation of latent fire safety defects are no longer optional but a necessity. Global Technical Services (GTS) stands at the forefront, equipped with the specialist technical knowledge and skills to assess compliance and engineer robust solutions that safeguard assets, protect occupants, and mitigate the escalating legal and financial risks associated with this new era of building safety legislation.

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Example scenario of a latent defect fire safety claim

If a developer builds a house with faulty wiring that causes a fire, the homeowner may sue them under this Act.

If a landlord fails to fix a broken staircase and a tenant falls, the tenant could claim compensation.

In short, this law makes sure that people responsible for building or maintaining properties do their job properly and safely.

The length of time you have to make a claim for defective premises under the Defective Premises Act 1972 (DPA) depends on when the work was completed. For work completed before June 28, 2022, the limitation period is 30 years. For work completed on or after June 28, 2022, the limitation period is 15 years.

We work in partnership with specialist law firms to recoup these costs from original developers.

Key points to learn about latent fire safety defects

Duty to Build Properly – If a builder, architect, or developer is working on a new building, they must ensure it is done in a workmanlike way and with proper materials so that it is safe for people to live in.

Landlord’s Responsibility for Repairs – If a landlord is responsible for maintaining or repairing a property (e.g., under a lease agreement), they must make sure it is kept reasonably safe for tenants and visitors.

Who Can Claim? – If a property is poorly built or maintained and it causes injury or damage, tenants, homeowners, or visitors can take legal action against those responsible.

Time Limits – Generally, claims must be made within six years of the work being completed, although there are some exceptions.

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Don’t ignore latent fire safety defects

The failure to detect and rectify latent fire safety defects can lead to repercussions, including:

  • Accelerated Fire Spread: Hidden pathways allow fire and smoke to bypass protective measures, endangering occupants and compromising evacuation routes.
  • Structural Compromise: Fire can weaken a building’s structure, potentially leading to collapse.
  • Legal Liabilities and Penalties: Property owners, managers, developers, and contractors face significant legal challenges, fines, and even prosecution under new regulations. (*Crest Nicholson hit with £15m bill after finding build defects on four more sites)
  • Devaluation of Property: Buildings with known fire safety defects can become unsaleable, leading to substantial financial loss.
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