Defective Premises Act (Northern Ireland) 2024

Limitation periods

2.—(1) After Article 8 of the Limitation (Northern Ireland) Order 1989 insert—

“Time limit: actions in respect of defective premises, etc.

8A.— (1) The following actions may not be brought after the expiration of 15 years from the date on which the right of action accrued—

(a) an action by virtue of Article 3 or 4A of the Defective Premises (Northern Ireland) Order 1975;

(b) an action by virtue of Article 20 of the Building Regulations (Northern Ireland) Order 1979.

(2) The time limits fixed by other provisions of this Part do not apply to an action mentioned in paragraph (1).

(3) Where by virtue of Article 3 of the Defective Premises (Northern Ireland) Order 1975 a person became entitled, before the coming into operation of section 2 of the Defective Premises Act (Northern Ireland) 2024, to bring an action against any other person, this Article applies in relation to the action as if the reference in paragraph (1) to 15 years were a reference to 30 years.”.

(2) The amendment made by subsection (1) in relation to an action by virtue of Article 3 of the Defective Premises (Northern Ireland) Order 1975 is to be treated as always having been in operation.

(3) In a case where—

(a) by virtue of Article 3 of the Defective Premises (Northern Ireland) Order 1975 a person became entitled, before the day on which this section came into operation, to bring an action against any other person, and

(b) the period of 30 years from the date on which the right of action accrued expires in the year beginning with the coming into operation of this section,

Article 8A of the Limitation (Northern Ireland) Order 1989 (inserted by subsection (1)) has effect as if it provided that the action may not be brought after the end of that year.

(4) Where an action is brought that, but for subsection (2), would have been barred by the Limitation (Northern Ireland) Order 1989, a court hearing the action must dismiss it in relation to any defendant if satisfied that it is necessary to do so to avoid a breach of that defendant’s Convention rights (within the meaning of the Human Rights Act 1998).

(5) Nothing in this section applies in relation to a claim which, before this section came into operation, was settled by agreement between the parties or finally determined by a court or arbitration (whether on the basis of limitation or otherwise).