S 38 Building Act 1984

The Building Act 1984 is a cornerstone of construction law in England and Wales. It establishes a framework for ensuring the safety and quality of buildings. Section 38 of this Act, while only recently brought into full force, plays a crucial role in holding those responsible for building work accountable for breaches of building regulations.

Blackstone Solicitors, a leading law firm serving clients across England and Wales, dives deep into Section 38 of the Building Act 1984. In this article, S38 Building Act 1984, we take a look at the process and mechanism involved.

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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of section 38 of the building act, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

The Historical Context of Section 38

Section 38 has been part of the Building Act 1984 since its inception. However, it remained dormant until commencement in 2022 through the Building Safety Act. This delay stemmed from concerns about the potential financial burden it could place on the construction industry.

With the ever-increasing focus on building safety following the Grenfell Tower fire tragedy, Section 38 has come to prominence. It provides a vital legal tool for pursuing compensation for damages caused by breaches of building regulations.

Understanding Section 38: Key Provisions

Section 38 establishes a statutory cause of action for breaches of building regulations that result in “damage”. Here’s a breakdown of its key elements:

• Civil Liability: The section creates a legal basis for individuals to sue for damages if they suffer harm due to a breach of building regulations. This empowers those affected to seek compensation for losses incurred.
• “Damage” Defined: The Act defines “damage” broadly to encompass physical injury, death, disease, impairment of mental or physical condition, and even damage to property. This ensures a wide range of potential harms are covered.
• Retrospective Application: While Section 38 came into effect in 2022, it can be applied to breaches that occurred before this date, provided the relevant building regulations were already in force at the time of the breach. This offers some recourse for those who have suffered harm from historical breaches.
• Defences Available: Building regulations may include provisions outlining potential defences for those accused of breaches. These defences typically involve demonstrating that all reasonable steps were taken to comply or that the breach did not cause the damage in question.
• Building Safety Focus: The introduction of Section 38 aligns with the government’s renewed focus on building safety. It incentivizes builders to adhere to building regulations to minimize the risk of legal action and ensure the safety of occupants.

How Does Section 38 Work in Practice?

Here’s a scenario to illustrate the application of Section 38:

Imagine a developer constructs a new apartment building. During construction, they fail to comply with fire safety regulations. A fire breaks out in the building, injuring residents and causing significant property damage.

Under Section 38, the injured residents and those who suffered property damage could potentially sue the developer for compensation. They would need to demonstrate that the developer’s breach of building regulations (inadequate fire safety measures) directly caused the harm they suffered (injuries and property damage).

This scenario highlights the importance of building regulations and the potential consequences for non-compliance.

Benefits of Section 38 for Building Safety

The introduction of Section 38 brings several advantages:

• Increased Accountability: It holds developers and builders more accountable for ensuring their work complies with building regulations. The threat of legal action serves as a strong deterrent against cutting corners.
• Enhanced Safety Measures: By encouraging adherence to building regulations, Section 38 promotes the implementation of essential safety features in buildings, ultimately reducing the risk of fires, structural failures, and other hazards.
• Empowerment for Affected Individuals: The section empowers those who suffer harm due to breaches to seek compensation. This can help them recover financially and rebuild their lives after a traumatic experience.
• Improved Building Standards: The potential for legal repercussions incentivizes the construction industry to adopt a culture of safety and prioritize high-quality building practices.

How we can help

We have a proven track record of helping clients deal with the legal aspects of section 38 of the building act. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact Our Commercial Property Solicitors

It is important for you to be well informed about the issues and possible implications of section 38 of the building act. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to our Commercial Property solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London

Authored by Ben Posted in Blog, News Tagged as

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