Part 5Other provision about safety, standards etc
Liability relating to construction products
I1148Liability relating to construction products
1
This section applies where Conditions A to D are met.
2
Condition A is that, at any time after the coming into force of this section—
a
a person fails to comply with a construction product requirement in relation to a construction product,
b
a person who markets or supplies a construction product makes a misleading statement in relation to it, or
c
a person manufactures a construction product that is inherently defective.
3
4
Condition C is that, when those works are completed—
a
in a case where the relevant building consists of a dwelling, the building is unfit for habitation, or
b
in a case where the relevant building contains one or more dwellings, a dwelling contained in the building is unfit for habitation.
5
6
The person referred to in subsection (2)(a), (b) or (c) is liable to pay damages to a person with a relevant interest in relation to the relevant building for personal injury, damage to property or economic loss suffered by that person as a result of the facts referred to in subsection (4)(a) or (b).
7
A term of an agreement which purports to exclude or restrict, or has the effect of excluding or restricting, any liability arising under this section is void.
8
For the purposes of section 10B(1) of the Limitation Act 1980 and section 18ZD(1) of the Prescription and Limitation (Scotland) Act 1973, the right of action that a person has by virtue of this section is to be regarded as having accrued—
a
in a case where the works referred to in subsection (3) are carried out in the construction of the relevant building, when the construction is completed, and
b
in any other case, when the works are completed.
9
a
in relation to a construction product requirement under construction products regulations, has the meaning specified in those regulations;
b
in relation to a construction product requirement under the 2011 Regulation, has the meaning specified in the 2011 Regulation;
c
in relation to a construction product requirement under the 2019 Regulations, has the meaning specified in the 2011 Regulation as it had effect immediately before IP completion day.