Building Safety Act 2022

148Liability relating to construction products

(1)This section applies where Conditions A to D are met.

(2)Condition A is that, at any time after the coming into force of this section—

(a)a person fails to comply with a construction product requirement in relation to a construction product,

(b)a person who markets or supplies a construction product makes a misleading statement in relation to it, or

(c)a person manufactures a construction product that is inherently defective.

(3)Condition B is that, after Condition A is met, the construction product referred to in subsection (2)(a), (b) or (c) is installed in, or applied or attached to, a relevant building in the course of works carried out in the construction of, or otherwise in relation to, the building.

(4)Condition C is that, when those works are completed—

(a)in a case where the relevant building consists of a dwelling, the building is unfit for habitation, or

(b)in a case where the relevant building contains one or more dwellings, a dwelling contained in the building is unfit for habitation.

(5)Condition D is that the facts referred to in subsection (2)(a), (b) or (c) were the cause, or one of the causes, of the building or dwelling being unfit for habitation.

(6)The person referred to in subsection (2)(a), (b) or (c) is liable to pay damages to a person with a relevant interest in relation to the relevant building for personal injury, damage to property or economic loss suffered by that person as a result of the facts referred to in subsection (4)(a) or (b).

(7)A term of an agreement which purports to exclude or restrict, or has the effect of excluding or restricting, any liability arising under this section is void.

(8)For the purposes of section 10B(1) of the Limitation Act 1980 and section 18ZD(1) of the Prescription and Limitation (Scotland) Act 1973, the right of action that a person has by virtue of this section is to be regarded as having accrued—

(a)in a case where the works referred to in subsection (3) are carried out in the construction of the relevant building, when the construction is completed, and

(b)in any other case, when the works are completed.

(9)In subsection (2)(a) “construction product”—

(a)in relation to a construction product requirement under construction products regulations, has the meaning specified in those regulations;

(b)in relation to a construction product requirement under the 2011 Regulation, has the meaning specified in the 2011 Regulation;

(c)in relation to a construction product requirement under the 2019 Regulations, has the meaning specified in the 2011 Regulation as it had effect immediately before IP completion day.

(10)In subsection (2)(b) and (c) “construction product” has the meaning specified in the 2011 Regulation.