Section 1 of the Defective Premises Act 1972 imposes a duty on a person who takes on work for or in connection with the provision of a dwelling. The duty is to see that the work is done in a workmanlike or professional manner, with proper materials, so that the dwelling is fit for habitation when completed. It is owed to the person for whom the dwelling is provided and to every person who acquires an interest in it, so a later purchaser can rely on it.
The duty catches designers as well as builders. Architects, engineers and design-and-build contractors involved in the provision of dwellings can owe the section 1 duty, which is a statutory duty independent of contract and does not require a contractual relationship with the claimant.
Section 135 of the Building Safety Act 2022 amended the Limitation Act 1980 to extend the period for section 1 claims. For dwellings completed before the Act came into force on 28 June 2022, the limitation period is now 30 years retrospectively. For claims accruing after that date, the period is 15 years prospectively. The retrospective extension revived claims that had previously been time-barred, which is the single most significant change for long-tailed exposure.
In URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21 the Supreme Court considered the operation of the extended limitation period and related questions, confirming the reach of the section 135 changes and how developers and their consultants can be affected. The decision is important reading for any firm with historic dwelling work.
The duty is discharged only if the dwelling is fit for habitation when completed, which is a higher bar than merely doing the work carefully. A defect that does not render the dwelling unfit for habitation may not found a section 1 claim, but where the defect makes the home unsafe or unusable the duty bites. The courts have confirmed that the Act covers the provision of new dwellings and, following amendment by the Building Safety Act 2022, work to existing dwellings as well. For designers, the message is that a section 1 claim looks at the result, so the usual reasonable-skill-and-care defence may not answer it in the way it would a common-law negligence claim.
Apex takes account of dwelling-related work and the extended limitation position when discussing cover and run-off for design practices. The sector context is set out in the guides for architects, engineers and design-and-build contractors.
Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Firm reference number 724952. This entry is general information, not advice on any particular policy.