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Section 38: Civil liability.

Building Act 1984 · 1984 c. 55View on legislation.gov.uk

Part I: Building Regulations

Subject to this section—

breach of a duty imposed by building regulations, so far as it causes damage, is actionable, except in so far as the regulations provide otherwise, and
as regards such a duty, building regulations may provide for a prescribed defence to be available in an action for breach of that duty brought by virtue of this subsection.

Subsection (1) above, and any defence provided for in regulations made by virtue of it, do not apply in the case of a breach of such a duty in connection with a building erected before the date on which that subsection comes into force unless the regulations imposing the duty apply to or in connection with the building by virtue of section 2(2) or 2A above or paragraph 8 of Schedule 1 to this Act.

This section does not affect the extent (if any) to which breach of—

a duty imposed by or arising in connection with this Part of this Act or any other enactment relating to building regulations, or
a duty imposed by building regulations in a case to which subsection (1) above does not apply,

is actionable, or prejudice a right of action that exists apart from the enactments relating to building regulations.

In this section, "damage" includes the death of, or injury to, any person (including any disease and any impairment of a person's physical or mental condition).

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.