Q&As

Under the Defective Premises Act 1972, is a dwelling constructed for the commercial purpose of a holiday home with planning restrictions limiting occupation to holiday accommodation only, excluded from the definition ‘dwelling house’?

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Published on LexisPSL on 12/10/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Under the Defective Premises Act 1972, is a dwelling constructed for the commercial purpose of a holiday home with planning restrictions limiting occupation to holiday accommodation only, excluded from the definition ‘dwelling house’?

The first duty is imposed by section 1 of the Defective Premises Act 1972 (DPA 1972). Although entitled ‘Duty to build dwellings properly’, its substantive words extend the duty to the erection or conversion or enlargement of a building. It will be seen therefore that it is wide in ambit. It is owed by any person taking on work for or in connection with the provision of a dwelling. It extends beyond the builder therefore to architects and other professionals carrying out work.

The duty is owed to the person who contracts for it to be created and also to every person who acquires a legal of equitable interest in it. For the purposes of the Limitation Act 1980, any cause of action accrues on the date the dwelling is completed, or in respect of any rectification work, when that work is finished.

The duty is to do the work in a workmanlike or, as the case may be, professional manner, w

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