Part 5

General

Offences and liability

Civil liability
51
1
Subject to this section, breach of a duty imposed by building regulations, so far as it causes damage, is actionable, except in so far as the regulations otherwise provide.
2
Such regulations may provide for a specified defence to be available in an action for breach of such a duty brought by virtue of subsection (1).
3
Subsection (1) and any defence provided for in pursuance of subsection (2) do not apply in relation to the breach of such a duty in connection with a building erected before the date on which those subsections come fully into force unless the breach arises in relation to the conversion, alteration, demolition, repair, maintenance or fitting of such a building.
4
Nothing in this section affects—
a
the extent (if any) to which breach of a duty imposed by building regulations is actionable in a case to which subsection (1) does not apply,
b
any right of action which exists apart from this section.
5
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).
S. 51 in force at 1.5.2005 by S.S.I. 2004/404, art. 2(1)