Issues of limitation are a common feature in disputes relating
to building defects. Often, by their very nature, defects are not
obvious upon completion of the building and may only be so years -
or even decades - later.
There is a balance to be struck between allowing building owners
to recover losses arising from defects and having a finite period
within which claims can be brought, to provide certainty to all
parties involved. Parliament decided that an appropriate balance
was to allow building owners to bring proceedings within 10 years
of the undertaking of building work. This is what section 393 of
the Building Act 2004 provides.
A building owner may consider that there are several parties who
could be responsible for building defects. The relevant Council,
the builder, the architect, the engineer, or another relevant
specialist subtrade, are all common targets for an aggrieved
building owner.
