Part 5Other provision about safety, standards etc

Liability relating to construction products

147Liability relating to construction products: general definitions

In this section, section 148 and section 149—

“the 1991 Regulations” means the Construction Products Regulations 1991 (S.I. 1991/1620);

“the 2011 Regulation” means Regulation (EU) No. 305/2011 (regulation laying down harmonised conditions for the marketing of construction products);

“the 2019 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465);

“construction products regulations” means regulations under paragraph 1 of Schedule 11;

“construction product requirement” means a requirement under—

(a)

construction products regulations,

(b)

the 2011 Regulation, or

(c)

the 2019 Regulations;

“relevant building” means—

(a)

a building which consists of a dwelling, or

(b)

a building which contains two or more dwellings;

“relevant interest”, in relation to a building in England and Wales, means—

(a)

in a case where the building consists of a dwelling, a legal or equitable interest in the building, and

(b)

in a case where the building contains one or more dwellings, a legal or equitable interest in—

  1. (i)

    the building, or

  2. (ii)

    any dwelling contained in the building;

“relevant interest”, in relation to a building in Scotland, means—

(a)

in a case where the building consists of a dwelling, any right or interest (including a servitude or heritable security) in or over the building, and

(b)

in a case where the building contains one or more dwellings, any right or interest (including a servitude or heritable security) in or over—

  1. (i)

    the building, or

  2. (ii)

    any dwelling contained in the building;

“requirement” includes a prohibition or restriction.