Three layered regimes
| Regime | Defects covered | Duration |
|---|---|---|
| Patent defects | visible at acceptance | covered unless reserved |
| Minor latent defects | slight and undetectable | contractual regime, adjustable |
| Ten-year liability | affecting soundness or stability | ten years, of public policy |
These regimes do not replace one another; they layer. The same works may fall under all three depending on the nature of the defect found.
The first is covered in the branch on acceptance, since it plays out at that precise moment, as the article on reservations and their lifting explains.
The other two are detailed in the article on the layered liability regimes. Their duration and object are compared there.
Who may be brought in
The list is wider than the client's contractual relationship. It includes participants with no direct link to the client.
Those covered are the builders, that is everyone participating in the act of building whose failings may affect the stability of the building.
That includes the contractor, the architect, the consulting engineer and the technical inspection body. Each answers for its own role.
Subcontractors answer for the same liability towards the main contractor, which extends the chain, covered in the article on subcontracting.
The test is therefore participation in the act of building, not the nature of the contract concluded.
The developer's case
An important and counter-intuitive exception, warranting a dedicated article. It concerns the position of the developer.
A developer who has acted only as vendor does not answer for ten-year liability, having not participated in the act of building.
Except where the sale falls under the Breyne Act, in which case they do.
That exception entirely transforms the purchaser's position, and it is developed in the article on the developer and their position.
What insurance covers and does not
An essential distinction, often confused with the liability regime itself. Insurance covers the risk, it does not create the liability.
The insurance obligation does not extend to all professional liabilities. It covers ten-year liability, with different scopes by profession.
A liability may therefore exist without being insured, exposing the professional's own assets and the purchaser's ability to recover.
This is covered in the article on compulsory insurance. The obligations are set out there.
The angle of this guide
A useful clarification to avoid duplication. The applicable periods are covered in the dedicated article.
The guide on building regulations treats liability as a mechanism of proof, that is what allows work to be shown to comply with good practice. That appears in the article on good practice and liability.
This guide treats allocation between participants, that is who answers, to whom, and with what cover.
The articles in this branch
The article on the layered liability regimes distinguishes the three regimes and their boundaries. The three regimes are compared there.
The article on compulsory insurance covers the scope and limits of cover. The required cover is listed there.
The article on the developer and their position covers the Breyne Act exception. Their own regime is explained there.
The article on developments to monitor lists the moving points. The reforms under way are followed there.
This article reflects rules and case law at the date of checking and serves professional orientation. It does not constitute legal advice and does not replace assessment of the individual case.