Debate contribution: Defective Premises Bill: Second Stage

Debate contribution by Mr Andy Allen MBE on 3 June 2024.

MLA

Mr Andy Allen MBE

Party at the time

Ulster Unionist Party

Date

3 June 2024

Type

Debate contribution

Business

Executive Committee Business

Heading

Defective Premises Bill: Second Stage

Assembly identifier

Official Report component 4493660

Read the official Assembly record

Text

I welcome the opportunity to speak on the Defective Premises Bill. Before turning to the legislation, it is important that I acknowledge the swift and collegial way in which the Minister for Communities, the Minister of Finance and the Minister of Agriculture, Environment and Rural Affairs worked to progress this important matter from the outset. The legislation would address critical issues in constructing and maintaining residential housing stock, ensuring safety, quality and accountability in building practices. At the heart of the Bill is the principle of accountability. The legislation extends the duties of those involved in construction and maintenance, requiring them to perform their work in a professional manner, using proper materials. It is not merely about setting high standards but about ensuring that homes are safe, habitable and constructed to last. Builders and contractors must be accountable for their work, and we must protect homeowners and residents from the physical and financial risks of defective building work. It is important to note that, while there may be instances of poor construction practice, the vast majority of buildings are constructed to a professional and lasting standard. One of the core tenets of the Bill is to extend legal protection for homeowners. The current time limit for bringing claims related to defective premises is a mere six years. The Bill proposes to increase the period to 15 years and, in certain retrospective cases, up to 30 years. The extension aims to offer homeowners a more equitable opportunity to seek justice and compensation for defects that may not become apparent within the shorter time frame. It acknowledges that serious structural issues can take years to surface, thus ensuring that those affected have time to take legal action. The Bill also seeks to ensure fairness and parity with the standards already set in England and Wales through the Building Safety Act 2022. By aligning our laws with those across the rest of the United Kingdom, the Bill seeks to address a disparity that currently places Northern Ireland residents at a disadvantage. In addition, the legislation will simplify and clarify the legal processes around defective premises. It must be noted, however, that some have suggested otherwise, particularly concerning the definition of the phrase "finally determined". To that end, I ask the Minister to expand on that point. Has he had any clarification of the meaning of "finally determined" for existing or previous judicial processes? Notwithstanding my previous comment, the Bill appears to provide a clear definition of responsibilities to reduce ambiguity and potential disputes over the interpretation of duties and standards. That clarity should benefit homeowners and those in the construction industry, fostering a more transparent and straightforward legal environment. The Bill represents a significant step forward in strengthening consumer protections by transferring functions related to defective premises from DAERA to the Department for Communities, centralising and streamlining oversight and seeking to provide more effective enforcement and support for affected homeowners. It is important, however, to consider the concerns that individuals have raised about the potential for unintended consequences from the legislation, as I and others have already mentioned. Those raising concerns highlight the fact that the amendments to the Defective Premises Order represent a rare example of retrospective or retroactive legislation, essentially changing the past by law. They feel that the amendments are well intentioned but will have several unintended consequences that must be considered appropriately. Additionally, they have referred to the legislation as legally turning back the clock, which, they think, creates the potential for unusual implications, impacting on insurance policies and professional indemnity, existing government funding and relief schemes, and human rights concerns such as the right to a fair trial. As has already been raised, with a particular focus on ensuring that we get the legislation right and protect homeowners and those who live in residential buildings, we must ensure that we fully scope out any potential adverse unintended consequences. Furthermore, those highlighting concerns with the Bill also state that, although similar amendments have been passed in England, as Mr Allister said, their impact still needs to be fully understood. They have also cited differences between the construction economy in England and that in Northern Ireland, going on to challenge the view that the changes will bring consumer protections in Northern Ireland into line with those in England and Wales as simply not being the case and saying that bringing the Bill into law ahead of other changes enacted by the English legislation will cause further complications and raise the possibility of very different outcomes. We feel that the Defective Premises Bill is important legislation that seeks to enhance accountability, extend legal recourse, ensure fairness, simplify legal processes and strengthen consumer protection. However, the Minister, having been granted accelerated passage for the Bill, must address the concerns raised by stakeholders.

800 words. Text as published by the Northern Ireland Assembly.

Assessment

Not flagged

Jev’s structured answers

Assessed 21 October 2026 at 10:35 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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