Defective Premises Act 1972 (DPA): Duties, Cases and Practic...

Introduction

The Defective Premises Act 1972 (DPA) sets out statutory duties for those who build, convert, or refurbish dwellings, and for landlords with repairing obligations. Its central aim is simple: homes should be fit for habitation and safe to live in. The Act gives owners, leaseholders and tenants clear routes to claim if work is below standard and causes safety risks, damage, or loss.

Two features make the DPA stand out. First, the duty in section 1 is owed not only to the original client but also to later owners and others who acquire an interest in the property. Second, the Building Safety Act 2022 (BSA 2022) has significantly expanded the reach and timing of claims, including a new duty for refurbishment work (section 2A) and longer limitation periods for section 1.

The DPA sits alongside contract and negligence. Many claims run under more than one head. However, the DPA offers a targeted statutory route that is often more favourable than common law negligence for defects that make a dwelling unfit to live in.

What You'll Learn

• Who owes duties under sections 1, 2A and 4 DPA 1972
• What “fit for habitation” means in practice
• Who can claim (original clients, later owners, tenants and visitors)
• How the Building Safety Act 2022 changes limitation periods and introduces section 2A
• Where pure economic loss fits after Murphy v Brentwood
• Practical steps for builders, designers, developers and landlords to reduce risk
• How key cases apply the statute: Rimmer, Murphy and Bole

Core Concepts

Section 1 DPA: Duty to build, convert or provide dwellings properly

• Who owes the duty: Anyone “taking on work for or in connection with the provision of a dwelling”, including builders, developers, architects, engineers and design-and-build contractors.
• The standard: Work must be done in a workmanlike or professional manner, with proper materials, so that the dwelling is fit for habitation when completed.
• Who benefits: The person for whom the dwelling is provided and every person who later acquires an interest (e.g. freeholders, leaseholders, and often tenants).
• Scope: Applies to new build and conversions. It can also apply where works amount to the provision of a dwelling (e.g. substantial reconfiguration creating new flats).

Practical takeaways:

• Agree clear scopes and responsibilities for design, specification and inspection.
• Use competent specialists and products that meet British Standards and Building Regulations.
• Keep robust records: drawings, calculations, product data, inspection notes, sign-offs.

Section 2A DPA (BSA 2022): Duty for refurbishment and remediation work to dwellings

• What changed: The BSA 2022 introduced a new section 2A, imposing a statutory duty in relation to any work done on a dwelling (not limited to the “provision” of a dwelling), such as refurbishment, remediation, cladding replacement and major repairs.
• The standard: Similar to section 1—work must be done properly, with proper materials, so the dwelling is fit for habitation when the work is completed.
• Who benefits: The client and later interest holders.

Timing:

• Section 2A applies to work completed on or after 28 June 2022. The limitation period is generally 15 years from completion of the work (see “Limitation” below).

Section 4 DPA: Landlord’s duty of care where there is a repairing obligation

• When it applies: Where premises are let under a tenancy and the landlord is under an obligation to repair or maintain, or has a right to enter to carry out repairs.
• The duty: The landlord owes a duty to take reasonable care to see that all persons who might reasonably be expected to be affected by defects are reasonably safe from personal injury or damage to their property caused by a relevant defect.
• Knowledge: Liability depends on what the landlord knew or ought reasonably to have known about a relevant defect and what was reasonably required under the repairing covenant.
• Who benefits: Tenants, their families, visitors, neighbours and others reasonably affected.

This section is about safety. It is not limited to dwellings; it can apply to other let premises too.

What does “fit for habitation” mean?

• It goes beyond minor snagging. The test focuses on whether defects, taken together, make the dwelling unsafe or fundamentally unsatisfactory to live in.
• Issues often include structural movement, inadequate foundations, fire safety defects, serious damp, defective services, and dangerous materials or assemblies.
• The assessment is made at completion of the work in question (though later emerging defects caused by the original breach can be relevant).

Useful pointers:

• A collection of smaller defects can tip the balance.
• Compliance with Building Regulations is strong evidence but not a complete answer.
• Temporary inconvenience is unlikely to meet the threshold unless it reflects a deeper safety or habitability problem.

Who can claim, who can be sued, and typical losses

• Claimants:
  • Section 1 and 2A: the original client and later interest holders (freeholders, leaseholders and, in many cases, tenants).
  • Section 4: any person reasonably expected to be affected (tenants and visitors).
• Defendants: builders, developers, designers, contractors and professionals who “took on” the relevant work; for section 4, the landlord with the repairing obligation/right of entry.
• Losses:
  • Section 1/2A: remedial costs, associated losses (e.g. alternative accommodation), damage to property and, where appropriate, personal injury.
  • Section 4: personal injury and damage to property caused by a relevant defect (pure economic loss is not the usual measure under section 4).

Limitation periods and the Building Safety Act 2022

• Section 1:
  • 30 years for work completed before 28 June 2022 (retrospective).
  • 15 years for work completed on or after 28 June 2022.
• Section 2A:
  • 15 years from completion of the work (prospective; applies to work completed on or after 28 June 2022).
• Section 4:
  • Personal injury: usually 3 years from the date of injury or knowledge (Limitation Act 1980).
  • Property damage: usually 6 years from the date the cause of action accrued.

Always check for any standstill agreements and diarise dates carefully. Complex projects can have staged completion dates, which affect limitation.

How DPA interacts with negligence and contract

• Murphy v Brentwood District Council shut the door on recovering pure economic loss in negligence for defective buildings. That decision does not remove statutory routes under the DPA.
• In many cases, the DPA allows recovery of the reasonable cost of remedying defects that render a dwelling unfit for habitation, even where a pure negligence claim would fail.
• Contracts may contain limits or exclusions between the original parties, but they do not usually affect duties owed by statute to later owners.
• Contributory negligence and causation still matter: poor maintenance or misuse by occupants can reduce or defeat recovery.

Key Examples or Case Studies

Rimmer v Liverpool City Council [1984] QB 1

• Context: Tenant injured by a defective window in a council flat.
• What the court decided: The council, as landlord with repairing obligations, was liable under section 4. It knew or ought to have known of the defect and failed to take reasonable care.
• Practical point: For landlords, knowledge (actual or constructive) and timely repair systems are central to managing risk.

Murphy v Brentwood District Council [1991] 1 AC 398

• Context: Local authority approval of defective foundations led to loss when the owner sold at a reduced price.
• What the court decided: No recovery for pure economic loss in negligence against the council. This reshaped negligence claims for building defects.
• Practical point: Where negligence will not cover pure economic loss, consider DPA claims. If defects make the dwelling unfit for habitation, section 1/2A may allow recovery of remedial costs.

Bole v Huntsbuild Ltd [2009] EWCA Civ 1146

• Context: New house suffered serious movement due to defective foundations.
• What the court decided: The builder breached section 1. The property was not fit for habitation on completion.
• Practical point: Proper design, site investigation and supervision are essential. Builders and designers can be liable to later owners, not just their original client.

Practical Applications

• For builders, designers and developers

  • Define responsibilities clearly (design, specification, inspection, coordination).
  • Use competent professionals and trades with relevant experience.
  • Select proper materials with traceable product data; keep records of batch numbers and compliance certificates.
  • Check designs against Building Regulations, fire safety guidance and applicable standards.
  • Implement quality assurance with hold points, photos, and sign-offs.
  • Keep completion packs and O&M manuals; file them where later owners can access them.
  • Manage product and system changes through a documented approval process.

• For landlords

  • Understand the trigger for section 4: a repairing obligation or a right of entry to repair.
  • Put in place inspection regimes proportionate to the property type and risk.
  • Record reports of defects, triage by risk, and respond in reasonable timeframes.
  • Keep clear communication channels with tenants and document attendance and repairs.
  • Coordinate duties under other statutes (e.g. gas and electrical safety, fire safety) with repairs so nothing falls through the cracks.
  • Train staff and contractors to spot and escalate hazards.

• For buyers, leaseholders and managing agents

  • Before exchange, scrutinise building control sign-offs, warranties and handover documentation.
  • Commission a survey where appropriate; raise specific queries about known problem areas (e.g. cladding, fire-stopping, drainage).
  • If defects emerge, act promptly: gather evidence, notify likely defendants, and seek expert input early.
  • Track limitation periods carefully, especially given the extended windows under the BSA 2022.

• For litigators and in-house counsel

  • Map the supply chain: identify the parties who “took on” the relevant work.
  • Check corporate history of developers and contractors (solvency, successors, insurers).
  • Choose the right cause(s) of action: DPA sections 1/2A, contract, negligence, statutory product claims where applicable.
  • Follow the Pre-Action Protocol for Construction and Engineering Disputes.
  • Preserve evidence: as-built drawings, site photos, product labels, inspection records, witness accounts.

Summary Checklist

• Section 1: Work must be workmanlike/professional with proper materials; dwelling fit for habitation on completion.
• Section 2A: Covers refurbishment and remediation to dwellings completed on/after 28 June 2022.
• Section 4: Landlords with repairing duties owe a duty to keep people reasonably safe from relevant defects they knew or ought to have known about.
• Beneficiaries: Original clients and later interest holders (s.1/2A); tenants and visitors (s.4).
• Limitation: s.1—30 years (retro) and 15 years (prospective); s.2A—15 years; s.4—3 years PI/6 years property (usual rules).
• Murphy: No pure economic loss in negligence—consider DPA for remedial costs where habitability is affected.
• Evidence: Keep strong records of design, materials, inspections and completion.
• Repairs: Landlords need effective reporting, inspection and response processes.

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