http://www.legislation.gov.uk/ukpga/1984/55/section/38Building Act 1984 An Act to consolidate certain enactments concerning building and buildings and related matters.1984-10-31texttext/xmlenStatute Law Database2026-03-06Expert Participation2026-01-27 Building Act 1984s. 131ABuilding Safety Act 2022s. 59s. 170(4)(c)Building Act 1984s. 95(5)Building Safety Act 2022s. 60(2)s. 170(4)(c)Building Act 1984s. 131BBuilding Safety Act 2022s. 60(3)s. 170(4)(c)Building Act 1984Sch. 1 para. 7A(4)Building Safety Act 2022Sch. 5 para. 83(5)s. 170(4)(b)(c)reg. 2(n)(xxxiii)reg. 2(d)(xi)Sch.reg. 348- 12Building Act 1984s. 44(11)Sustainable and Secure Buildings Act 2004s. 3(8)s. 11(3)Building Act 1984ActThe Building etc. (Amendment) (No. 2) (Wales) Regulations 2025Rheoliadau Adeiladu etc. (Diwygio) (Rhif 2) (Cymru) 2025reg. 21reg. 1(2)Building Act 1984s. 1(1A)(d)Infrastructure Act 2015s. 37(2)s. 57(5)(a)Building Act 1984Sch. 1 para. 7AInfrastructure Act 2015s. 37(4)s. 57(5)(a) Part I381Subject to this section—abreach of a duty imposed by building regulations, so far as it causes damage, is actionable, except in so far as the regulations provide otherwise, andbas regards such a duty, building regulations may provide for a prescribed defence to be available in an action for breach of that duty brought by virtue of this subsection.2Subsection (1) above, and any defence provided for in regulations made by virtue of it, do 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 2(2) or 2A above or paragraph 8 of Schedule 1 to this Act.3This section does not affect the extent (if any) to which breach of—aa duty imposed by or arising in connection with this Part of this Act or any other enactment relating to building regulations, orba duty imposed by building regulations in a case to which subsection (1) above does not apply,is actionable, or prejudice a right of action that exists apart from the enactments relating to building regulations.4In 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).Pt. 1 (ss. 1-46) restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 31(1), 45, Sch. 7 Pt. VI para. 2Pt. 1 (ss. 1-46) modified (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 para. 18(1)Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)Pt. 1 (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7PPt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))Words in s. 38(2) inserted (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 4(3), 11(4)Ss. 35B-35D and cross-heading inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 38(1), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(q); S.I. 2023/914, reg. 2(b)(v); S.I. 2023/993, reg. 2(h)Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8Pt. 1 (ss. 1-46) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 22 para. 1Pt. 1 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 22 para. 1(1)(a) (with Sch. 22 para. 1(2)(3))Pt. 1 (ss. 1-46) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 3S. 38 in force at 1.12.1984 for specified purposes, see s. 134(1)(a)Pt. 1 excluded (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), art. 1, Sch. 15 para. 4 (with art. 40, Sch. 14)