Herons Court, the Lessees And Management Company of v Heronslea Ltd & Ors

Herons Court, the Lessees And Management Company of v Heronslea Ltd & Ors

Approved inspectors performing statutory functions under Part II of the Building Act 1984 do not fall within s.1(1) DPA 1972; the duty does not extend to those whose role is regulatory rather than contributory to the creation of dwellings.

Parties
Appellant/claimant: The Lessees and Management Company of Herons Court; Respondent/defendant: Heronslea Limited; Defendant: TNV Construction Limited; Respondent/fourth Defendant: NHBC Building Control Services Limited; Defendant: National House Building Council
Jurisdiction
England and Wales
Judgment Date
14 August 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Defective Premises Act 1972, Building Act 1984, Approved Inspectors, Statutory Duty, Building Regulations
Construction Law Statutory Interpretation Defective Premises Act 1972 Building Act 1984 Approved Inspectors Statutory Duty Building Regulations

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Parties

The Lessees and Management Company of Herons Court

Appellant/claimant

Heronslea Limited

Respondent/defendant

TNV Construction Limited

Defendant

NHBC Building Control Services Limited

Respondent/fourth Defendant

National House Building Council

Defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether approved inspectors owe a duty under s.1(1) Defective Premises Act 1972 in the performance of their statutory function under Part II of the Building Act 1984

Ratio Decidendi

Approved inspectors performing statutory functions under Part II of the Building Act 1984 do not fall within s.1(1) DPA 1972; the duty does not extend to those whose role is regulatory rather than contributory to the creation of dwellings.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no duty owed by approved inspectors under s.1(1) DPA 1972.