Clause 128 - Limitation periods

Part of Building Safety Bill – in the House of Commons at 4:00 pm on 19 January 2022.

Alert me about debates like this

Amendments made: 41, page 136, line 8, at end insert—

“(4) Where by virtue of section 1 of the Defective Premises Act 1972 a person became entitled, before the commencement date, to bring an action against any other person, this section applies in relation to the action as if the reference in subsection (1) to 15 years were a reference to 30 years.

(5) In subsection (4) ‘the commencement date’ means the day on which section 128 of the Building Safety Act 2022 came into force.”

This amendment provides for a 30 year limitation period (rather than a 15 year period) for actions brought by virtue of section 1 of the Defective Premises Act 1972, where the right of action accrued before the commencement of the clause.

Amendment 42, page 136, line 15, leave out from ‘where’ to end of line 16 and insert “—

(a) by virtue of section 1 of the Defective Premises Act 1972 a person became entitled, before the day on which this section came into force, to bring an action against any other person, and

(b) the period of 30 years from the date on which the right of action accrued expires in the initial period,

section 4B of the Limitation Act 1980 (inserted by subsection (1))”.

This amendment provides that where the 30 year limitation period (see Amendment 41) would otherwise expire in the initial period, it expires at the end of the initial period.

Amendment 43,  page 136, line 29, leave out “90 days” and insert “one year”.

This amendment changes the initial period. Subsection (4) provides that where the time limit for bringing an action by virtue of section 1 of the Defective Premises Act 1972 would otherwise expire in the initial period, it expires at the end of that period.