Herons Court, the Lessees And Management Company of v Heronslea Ltd & Ors [2019] EWCA Civ 1423 (14 August 2019)

Herons Court, the Lessees And Management Company of v Heronslea Ltd & Ors [2019] EWCA Civ 1423 (14 August 2019)

Section 1(1) of the Defective Premises Act 1972 does not extend to approved inspectors performing statutory building control functions, as their role is regulatory and does not involve the positive provision or creation of dwellings. There is no material distinction between the liability of local authority inspectors and approved inspectors under the Act.

Citation
[2019] EWCA Civ 1423
Parties
Appellants/claimants: The Lessees and Management Company of Herons Court; Respondent/first Defendant: Heronslea Limited; Respondent/second Defendant: TNV Construction Limited; Respondent/third Defendant: National House Building Council; Respondent/fourth Defendant: NHBC Building Control Services Limited
Jurisdiction
England and Wales
Judgment Date
14 August 2019
Procedural Posture
Civil Appeal / Appeal From High Court (tcc) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Defective Premises Act 1972, Building Act 1984, Approved Inspectors, Building Regulations, Statutory Duties, Civil Liability
Construction Law Tort Law Statutory Interpretation Defective Premises Act 1972 Building Act 1984 Approved Inspectors Building Regulations Statutory Duties +1 more

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Parties

The Lessees and Management Company of Herons Court

Appellants/claimants

Heronslea Limited

Respondent/first Defendant

TNV Construction Limited

Respondent/second Defendant

National House Building Council

Respondent/third Defendant

NHBC Building Control Services Limited

Respondent/fourth Defendant

Procedural Posture

Civil Appeal / Appeal From High Court (tcc) to Court of Appeal

Legal Issues

  1. 1 Does section 1(1) of the Defective Premises Act 1972 impose a duty on approved inspectors in the performance of their statutory building control functions?
  2. 2 Is there a material distinction between the liability of local authority inspectors and approved inspectors under the DPA 1972?

Ratio Decidendi

Section 1(1) of the Defective Premises Act 1972 does not extend to approved inspectors performing statutory building control functions, as their role is regulatory and does not involve the positive provision or creation of dwellings. There is no material distinction between the liability of local authority inspectors and approved inspectors under the Act.

Court Disposition

Appeal dismissed