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ARTICLE · 30 JULY 2025

Legal Developments In Construction Law: July 2025

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The Defective Premises Act may be 53 years old but it has received particular attention in recent years, notably following its makeover by the Building Safety Act and, most recently, by the Supreme Court.

United StatesReal Estate and Construction
Richard Craven
Richard Craven
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  1. UNFIT FOR HABITATION UNDER THE DPA? HOW DOES THE COURT WORK OUT THE DAMAGES?

The Defective Premises Act may be 53 years old but it has received particular attention in recent years, notably following its makeover by the Building Safety Act and, most recently, by the Supreme Court. One question, however, the Act does not answer. If a dwelling is unfit for habitation under the Act, how do you measure the damages?

In Wilson v HB (SWA) Ltd the court noted the case law on this issue and that, although the duty under section 1 of the Act is construed as a duty to achieve the outcome that the dwelling is fit for habitation, a constituent element of the duty is to see that the work undertaken is done in a professional manner. Where the defendant has failed to see that the work is done in a professional manner and the dwelling is consequently not fit for habitation, there is nothing in the Act to limit the damages recoverable in respect of the failure to see that the

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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