Statutory liability under the Building Safety Act 2022 for defective cladding and construction products: Conditions A–D, retrospective cladding claims, limitation, damages and contribution

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Practice notes

Building Safety Act 2022 (BSA 2022)

The government presented the Building Safety Bill (the Bill) to Parliament in July 2021, with the intention of implementing the recommendations and principles from Dame Judith Hackitt’s ‘Independent Review of Building Regulations and Fire Safety’. The Bill received Royal Assent on 28 April 2022, becoming the Building Safety Act 2022 (BSA 2022). The BSA 2022 brings fundamental reforms to the law and regulation of building safety, aiming to ‘secure the safety of people in or about buildings and improve the standard of buildings’. For an outline of the BSA 2022’s scope and analysis of its principal measures, see Practice Note: Building Safety Act 2022-key provisions and issues.

Reforms introduced by the BSA 2022 include new statutory rights of action against parties who have supplied cladding and construction products that cause a residential property to be ‘unfit for habitation’. This Practice Note offers guidance on those provisions, found in BSA 2022, ss 147–151. It examines the specific conditions that must be met for these rights to arise, as well as the special limitation rules that apply to claims made on these grounds. These provisions remain untested by the courts...

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Web page updated on 28/05/2026

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