Health and Safety at Work etc. Act 1974

71 Civil liability

(1) Subject to the provisions of this section, breach of a duty imposed by building regulations shall, so far as it causes damage, be actionable except in so far as the regulations provide otherwise ; and as regards any such duty building regulations may provide for any prescribed defence to be available in any action for breach of that duty brought by virtue of this subsection.

(2) Subsection (1) above and any defence provided for in regulations made by virtue thereof shall not apply in the case of a breach of such a duty in connection with a building erected before the date on which that subsection comes into force unless the regulations imposing the duty apply to or in connection with the building by virtue of section 62 of the 1936 Act or section 65(2) of this Act.

(3) Nothing in this section shall be construed as affecting the extent (if any) to which breach—

(a) of a duty imposed by or arising in connection with this Part or any other enactment relating to building regulations; or

(b) of a duty imposed by building regulations in a case to which subsection (1) above does not apply,

is actionable, or as prejudicing any right of action which exists apart from the enactments relating to building regulations.

(4) In this section " damage " includes the death of, or injury to, any person (including any disease and any impairment of a person's physical or mental condition).