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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 extended the limitation period depending 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.

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

What does Latent Defect mean?

A latent defect is a hidden flaw in design, materials, or workmanship that exists at completion but couldn’t reasonably be discovered by ordinary (non-destructive) inspection at that time.

These problems may remain hidden for an extended period, sometimes even years, before manifesting as visible issues or causing significant damage.

What’s the Defective Premises Act?

The Defective Premises Act 1972 is a UK law that puts statutory duties on those who design, build or carry out work on buildings and dwellings, to ensure they’re safe and properly constructed.

In short, the DPA gives residents and owners clear routes to recover losses where defective residential construction or refurbishment leaves homes unsafe.

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.

Why they matter? – They compromise life safety and building resilience, can void insurance or warranties, and often demand intrusive, building-wide remediation.

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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.
  • 2025 Supreme Court update: URS v BDW, The Court confirmed the Building Safety Acts retrospective extension can unlock related negligence/contribution claims and that reasonable investigation/remediation costs aren’t automatically too remote if contemplated.
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Frequently Asked Questions

How do I know if what we’ve found counts as a “latent defect”?

If the problem was there at completion but couldn’t reasonably be spotted without opening things up (think hidden cavity barriers, penetrations above ceilings, issues inside shafts), it’s likely latent. If it was obvious on a normal handover or survey, that’s a patent defect. Don’t worry if you’re not sure, get in contact with a member of the team and we’ll be able to help.

Are we out of time to claim?

Maybe not. Building-safety time limits changed in the Building Safety Act 2022. For many residential projects there’s now a longer window (often 15 or even 30 years, depending on when the cause arose and what route applies).

We’ve already started (or paid for) remediation, can we still recover costs?

Often yes. Keep good records: surveys, photos, meeting notes, scopes, invoices, and why each step was necessary. We work with specialist law firms to assess which investigation, interim and remedial costs are reasonably recoverable, then pursue the right parties.

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