Defective Premises Act 1972
| Jurisdiction | UK Non-devolved |
| Citation | 1972 c. 35 |
| Year | 1972 |
if the dwelling is provided to the order of any person, to that person; andwithout prejudice to paragraph (a) above, to every person who acquires an interest (whether legal or equitable) in the dwelling;(2) A person who takes on any such work for another on terms that he is to do it in accordance with instructions given by or on behalf of that other shall, to the extent to which he does it properly in accordance with those instructions, be treated for the purposes of this section as discharging the duty imposed on him by subsection (1) above except where he owes a duty to that other to warn him of any defects in the instructions and fails to discharge that duty.(3) A person shall not be treated for the purposes of subsection (2) above as having given instructions for the doing of work merely because he has agreed to the work being done in a specified manner, with specified materials or to a specified design.in the course of a business which consists of or includes providing or arranging for the provision of dwellings or installations in dwellings; orin the exercise of a power of making such provision or arrangements conferred by or by virtue of any enactment;(5) Any cause of action in respect of a breach of the duty imposed by this section shall be deemed, for the purposes of F2the Limitation Act 1980, to have accrued at the time when the dwelling was completed, but if after that time a person who has done work for or in connection with the provision of the dwelling does further work to rectify the work he has already done, any such cause of action in respect of that further work shall be deemed for those purposes to have accrued at the time when the further work was finished.in connection with the provision of a dwelling or its first sale or letting for habitation any rights in respect of defects in the state of the dwelling are conferred by an approved scheme to which this section applies on a person having or acquiring an interest in the dwelling; andit is stated in a document of a type approved for the purposes of this section that the requirements as to design or construction imposed by or under the scheme have, or appear to have, been substantially complied with in relation to the dwelling;may consist of any number of documents and any number of agreements or other transactions between any number of persons; butmust confer, by virtue of agreements entered into with persons having or acquiring an interest in the dwellings to which the scheme applies, rights on such persons in respect of defects in the state of the dwellings.(3) In this section “approved” means approved by the Secretary of State, and the power of the Secretary of State to approve a scheme or document for the purposes of this section shall be exercisable by order, except that any requirements as to construction or design imposed under a scheme to which this section applies may be approved by him without making any order or, if he thinks fit, by order.may approve a scheme or document for the purposes of this section with or without limiting the duration of his approval; andmay by order revoke or vary a previous order under this section or, without such an order, revoke or vary a previous approval under this section given otherwise than by order.(5) The production of a document purporting to be a copy of an approval given by the Secretary of State otherwise than by order and certified by an officer of the Secretary of State to be a true copy of the approval shall be conclusive evidence of the approval, and without proof of the handwriting or official position of the person purporting to sign the certificate.(6) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution by either House of Parliament.no action shall be brought by the acquiring authority for breach of the duty imposed by section 1 above in respect of the dwelling; andif any work for or in connection with the provision of the dwelling was done otherwise than in the course of a business by the person in occupation of the dwelling at the time of the compulsory acquisition, the acquiring authority and not that person shall be treated as the person who took on the work and accordingly as owing that duty.(1) This section applies where a person, in the course of a business, takes on work in relation to any part of a relevant building.(2) In this section “relevant building” means a building consisting of or containing one or more dwellings.the person for whom the work is done, andeach person who holds or acquires an interest (whether legal or equitable) in a dwelling in the building,the work taken on is work for or in connection with the provision of the dwelling (as to which see section 1) , orit is expected that, on completion of the work, it will have ceased to be a dwelling or will otherwise have ceased to exist.(5) A person (A) who takes on any work to which this section applies for another (B) on terms that A is to do it in accordance with instructions
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