EWJ August 62 2025 web - Journal - Page 57
Investigating Historic Defects
Under the Building Safety Act 2022:
Challenges in the Absence of Records
by Bernadette Barker BA (Hons) DipArch MSc (Construction Law & Arbitration) FCIArb
C.Arb DipICArb MIFireE C Build E MCABE MAE
About the Author
I am a Chartered Architect, Chartered Building
Engineer and Chartered Arbitrator with over 30 years
of experience in the construction industry, and
extensive expertise in forensic architecture, building
defects, and regulatory compliance. I hold an MSc in
Construction Law and Arbitration from King’s
College London and sit on several international
arbitration panels.
Under The Building Safety Act 2022:
i. Section 135: Enables changes to limitation periods.
Through my practice, Barker Consultants, I have
been appointed in many cases where documentation
is limited or unavailable. My role often involves
analysing historic construction projects to determine
compliance, causation, and accountability where
traditional records are missing.
ii. 15 years for section 2A claims of the DPA from the
date the cause of action accrues (ie when the defective
completed) provided the work was completed on or
after 28 June 2022 (the date of which marks the commencement of the key provisions in the Building
Safety Act 2022.
My article explores the challenges in the absence of
records when investigating historic defects under the
Building Safety Act 2022.
Section 1 of the DPA 1972 imposes a statutory duty
on anyone taking on work “for or in connection with the
provision of a dwelling” (such as developers, builders or
designers) to:
ii. Section 134: Contains the actual amendments to the
DPA 1972 and introduces Section 2A (new), inserted
into the DPA 1972, which creates the liability for later
works such as refurbishments.
The Limitation periods are extended to:
i. 30 years retrospectively for section 1 DPA claims.
The Building Safety Act 2022 recently came into force
and Section 135 of the Act extends the limitation
period for certain claims under the Defective Premises
Act 1972 (DPA 1972).
“See that the work which he takes on is done in a workmanlike or, as the case may be, professional manner, with proper
materials and so that as regards that work the dwelling will be
fit for habitation when completed”.
By extending the limitation period, the Building
Safety Act has empowered claimants and leaseholders
to seek redress for historic construction defects that
were once considered out of reach and this consequently significantly expands the ability of leaseholders to bring claims for these construction defects,
particularly through amendments to the Defective
Premises Act 1972 (DPA 1972) and the Limitation Act
1980.
EXPERT WITNESS JOURNAL
Claims for unfit dwellings under the DPA 1972 may
therefore now be brought decades after completion
and leaseholders can rely on extended time limits to
pursue historic defects.
Section 2A of the DPA 1972 is a new type of statutory
claim introduced by the Building Safety Act under
Section 134.
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AUGUST/SEPT 2025
