Building Safety in Northern Ireland - Defective Premises Claims and Extended Limitation Periods

The Building Safety Act 2022 (BSA 2022) was the UK Government’s legislative response to the Grenfell Tower fire and represented the biggest change to building safety regulation in decades. However, whilst some provisions of BSA 2022 extend beyond England, the majority do not apply in Northern Ireland.

New Legislation for Northern Ireland?

The Northern Ireland Executive has the power to legislate on building safety. Whilst no draft legislation has been published, the next Assembly election is due before May 2027 and it is anticipated that building safety reforms for Northern Ireland, drawing on BSA 2022, will be prioritised as part of the next Assembly mandate, meaning that those reforms may be in force before the end of the decade.

Whilst projects in Northern Ireland are not currently subject to the full BSA 2022 regime, BSA 2022 is the benchmark for building safety reform in the UK. The anticipated reforms in Northern Ireland will draw heavily on the BSA 2022 model, meaning developers, contractors, consultants, and property owners who understand the BSA 2022 regime will be better prepared for legislative change in Northern Ireland.

This is the third in a series of articles in which the Construction team at Carson McDowell comments on the key aspects of BSA 2022 and the possible implementation in Northern Ireland of similar provisions, so that readers are aware of the practical and commercial implications of BSA 2022 and can prepare for future local legislative change.

BSA 2022 – Defective Premises

One of the most significant changes introduced by the BSA 2022 concerned claims relating to defective residential construction.

In England and Wales, section 1 of the Defective Premises Act 1972 (DPA) imposes a duty on those involved in the provision of dwellings, including developers, contractors and professional consultants. The duty requires work to be carried out in a workmanlike or professional manner, with proper materials, so that the completed dwelling is fit for habitation.

The DPA does not apply in Northern Ireland. However, Article 3 of the Defective Premises (Northern Ireland) Order 1975 imposes a broadly similar duty in relation to residential dwellings.

Historically, claims under the DPA and its Northern Ireland equivalent were generally subject to a six-year limitation period. That meant that certain claims arising from latent defects were statute-barred before the defects became apparent.

The practical consequences of that six-year limitation period have been seen in Northern Ireland. A high-profile example was when residents of the Victoria Square apartments, who had been out of their apartments since 2019, had claims under the Defective Premises (Northern Ireland) Order 1975 struck out in 2024, as their claims has been brought more than 6 years after completion of the apartments.

Extended Limitation Periods

A key feature of BSA 2022 was the introduction of significantly longer limitation periods for defective premises claims.

In June 2022, section 135 of BSA 2022 retrospectively extended the limitation period for accrued claims under section 1 of the DPA from six years to thirty years. It also introduced a fifteen-year limitation period for claims relating to dwelling completed after June 2022.

Although section 135 does not apply in Northern Ireland, equivalent reforms have now been implemented through the Defective Premises Act (Northern Ireland) Order 2025. As a result, historic claims relating to residential construction defects in Northern Ireland may now be pursued long after completion of a project.

The practical impact is that developers, contractors and consultants may now face potential liability for residential projects completed decades ago. Equally, building owners and developers undertaking remedial works may have significantly greater scope to recover losses arising from historic defects.

Carson McDowell view

The extension of limitation periods for defective premises claims represents one of the most commercially significant building safety reforms to affect the construction industry in recent years. It is also one of the few substantive reforms brought in by BSA 2022 that has already been implemented in Northern Ireland.

For residential developers and building owners, the reforms create new opportunities to pursue recovery actions in respect of historic defects which may previously have been time-barred.

For contractors, consultants and their insurers, the reforms present a different challenge. Claims may now be brought many years after completion of a project, when personnel have changed, records may be incomplete and professional indemnity arrangements may have evolved. The preservation of project records and a careful review of risk allocation provisions in appointments, collateral warranties and building contracts will therefore become increasingly important.

Although the wider BSA 2022 regime does not currently apply in Northern Ireland, the reform of defective premises claims demonstrates that Northern Ireland is already adopting elements of GB’s post-Grenfell legislative response. Those involved in the design, construction and management of residential developments should continue to monitor developments closely, as further building safety reforms for Northern Ireland are likely to follow.

For more information, please contact John Dugdale or another member of the Construction Team.

*This information is for guidance purposes only and does not constitute, nor should be regarded as, a substitute for taking legal advice tailored to your circumstances.