Part II Construction contracts

Introductory provisions

I1106 Provisions not applicable to contract with residential occupier.

1

This Part does not apply—

a

to a construction contract with a residential occupier (see below), F1or

b

to any other description of construction contract excluded from the operation of this Part by order of the Secretary of State.

2

A construction contract with a residential occupier means a construction contract which principally relates to operations on a dwelling which one of the parties to the contract occupies, or intends to occupy, as his residence.

In this subsection “dwelling” means a dwelling-house or a flat; and for this purpose—

  • dwelling-house” does not include a building containing a flat; and

  • flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which the premises are divided horizontally.

3

The Secretary of State may by order amend subsection (2).

4

No order under this section shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.