🏛️ Supreme Court Ruling: Developers Can Now Pursue Historic Building Defects
- Richard Kirby
- Jun 12
- 2 min read
Above: The UK Supreme Court, where the landmark decision was delivered.
A landmark ruling by the Supreme Court on 21 May 2025 has confirmed that developers can now pursue third-party contractors — including architects, designers, and subcontractors — for historic building safety defects, even after remedial work has already been carried out.
This major decision strengthens legal rights under both the Building Safety Act 2022 (BSA) and the Defective Premises Act 1972 (DPA), and has significant implications for developers, managing agents, leaseholders, and anyone responsible for building safety compliance.
⚖️ What the Supreme Court Decided
The court dismissed all four grounds of appeal unanimously, ruling that:
Developers can recover costs for historic building defects, even after remediation.
The extended limitation period under section 135 of the Building Safety Act applies —allowing claims for:→ Up to 30 years for historic defects→ 15 years for new work
This means that responsibility doesn't end when a problem is fixed — those who caused the defect can still be held liable.
🏗️ Why This Matters for Developers & Building Owners
This ruling is especially important in the post-Grenfell landscape, where thousands of buildings have undergone costly safety upgrades.
What this ruling means:
It may now be possible to reclaim the costs of remediation work
Contractors, designers, and subcontractors can be pursued — even years later
Professional indemnity insurers could face an increase in historic claims.
🔥 The Fire Safety Angle
Many of the historic defects being remediated relate to fire safety. The ruling is especially relevant where past issues have involved:
Unsafe or non-compliant cladding systems
Defective fire doors and compartmentation
Inadequate means of escape
Faulty or missing fire detection systems
This decision complements ongoing duties under the Regulatory Reform (Fire Safety) Order 2005 and the Building Safety Act 2022, providing financial pathways for building owners and leaseholders to hold those responsible to account.
✅ Is Your Building Affected?
If your building has undergone fire or structural remediation in recent years, this ruling could allow you to explore legal routes for cost recovery — even if the original construction was completed decades ago.
Always seek appropriate legal advice and consult qualified professionals when assessing historic defects or preparing a claim under the Building Safety Act or Defective Premises Act.
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