sch.1B-sec.29Proceedings for breach of warranties

### sch.1B-sec.29 Proceedings for breach of warranties Proceedings for a breach of a statutory warranty must be started before the end of the warranty period for the breach. However, if the breach of statutory warranty becomes apparent within the last 6 months of the warranty period, proceedings may be started within a further 6 months after the end of the warranty period. The warranty period for a regulated contract— is 6 years for a breach that results in a structural defect, as prescribed by regulation, or 1 year in any other case; and starts— if the subject work is completed—on completion of the work; or if the subject work is not completed— if the contract is terminated—the date the contract is terminated; or if the contract is not terminated—the date on which work under the contract ceased; or if the contract is not terminated and work under the contract was not started—the date the contract was entered into. A breach of a statutory warranty becomes apparent when any person entitled to the benefit of the warranty first becomes aware, or ought reasonably to have become aware, of the breach. The fact that a person entitled to the benefit of a statutory warranty has enforced the warranty in relation to a particular deficiency in domestic building work does not prevent the person from enforcing the same warranty for a deficiency of a different kind in the work (the other deficiency ) if— the other deficiency was in existence when the work to which the warranty relates was completed; and the person did not know, and could not reasonably have been expected to know, of the existence of the other deficiency when the warranty was previously enforced; and the proceedings to enforce the warranty in relation to the other deficiency are brought within the period mentioned in subsection (1) . In proceedings for a breach of a statutory warranty, it is a defence for the defendant to prove that— the deficiencies of which the plaintiff complains arise from instructions given by the person for whom the work was done contrary to the written advice of the defendant or the person who did the work; or the defendant was not reasonably given access to rectify the deficiencies of which the plaintiff complains. sch 1B s 29 ins 2014 No. 57 s 60 (sch.1B-sec.29-ssec.1) Proceedings for a breach of a statutory warranty must be started before the end of the warranty period for the breach. (sch.1B-sec.29-ssec.2) However, if the breach of statutory warranty becomes apparent within the last 6 months of the warranty period, proceedings may be started within a further 6 months after the end of the warranty period. (sch.1B-sec.29-ssec.3) The warranty period for a regulated contract— is 6 years for a breach that results in a structural defect, as prescribed by regulation, or 1 year in any other case; and starts— if the subject work is completed—on completion of the work; or if the subject work is not completed— if the contract is terminated—the date the contract is terminated; or if the contract is not terminated—the date on which work under the contract ceased; or if the contract is not terminated and work under the contract was not started—the date the contract was entered into. (sch.1B-sec.29-ssec.4) A breach of a statutory warranty becomes apparent when any person entitled to the benefit of the warranty first becomes aware, or ought reasonably to have become aware, of the breach. (sch.1B-sec.29-ssec.5) The fact that a person entitled to the benefit of a statutory warranty has enforced the warranty in relation to a particular deficiency in domestic building work does not prevent the person from enforcing the same warranty for a deficiency of a different kind in the work (the other deficiency ) if— the other deficiency was in existence when the work to which the warranty relates was completed; and the person did not know, and could not reasonably have been expected to know, of the existence of the other deficiency when the warranty was previously enforced; and the proceedings to enforce the warranty in relation to the other deficiency are brought within the period mentioned in subsection (1) . (sch.1B-sec.29-ssec.6) In proceedings for a breach of a statutory warranty, it is a defence for the defendant to prove that— the deficiencies of which the plaintiff complains arise from instructions given by the person for whom the work was done contrary to the written advice of the defendant or the person who did the work; or the defendant was not reasonably given access to rectify the deficiencies of which the plaintiff complains. - (a) is 6 years for a breach that results in a structural defect, as prescribed by regulation, or 1 year in any other case; and - (b) starts— (i) if the subject work is completed—on completion of the work; or (ii) if the subject work is not completed— (A) if the contract is terminated—the date the contract is terminated; or (B) if the contract is not terminated—the date on which work under the contract ceased; or (C) if the contract is not terminated and work under the contract was not started—the date the contract was entered into. - (i) if the subject work is completed—on completion of the work; or - (ii) if the subject work is not completed— (A) if the contract is terminated—the date the contract is terminated; or (B) if the contract is not terminated—the date on which work under the contract ceased; or (C) if the contract is not terminated and work under the contract was not started—the date the contract was entered into. - (A) if the contract is terminated—the date the contract is terminated; or - (B) if the contract is not terminated—the date on which work under the contract ceased; or - (C) if the contract is not terminated and work under the contract was not started—the date the contract was entered into. - (i) if the subject work is completed—on completion of the work; or - (ii) if the subject work is not completed— (A) if the contract is terminated—the date the contract is terminated; or (B) if the contract is not terminated—the date on which work under the contract ceased; or (C) if the contract is not terminated and work under the contract was not started—the date the contract was entered into. - (A) if the contract is terminated—the date the contract is terminated; or - (B) if the contract is not terminated—the date on which work under the contract ceased; or - (C) if the contract is not terminated and work under the contract was not started—the date the contract was entered into. - (A) if the contract is terminated—the date the contract is terminated; or - (B) if the contract is not terminated—the date on which work under the contract ceased; or - (C) if the contract is not terminated and work under the contract was not started—the date the contract was entered into. - (a) the other deficiency was in existence when the work to which the warranty relates was completed; and - (b) the person did not know, and could not reasonably have been expected to know, of the existence of the other deficiency when the warranty was previously enforced; and - (c) the proceedings to enforce the warranty in relation to the other deficiency are brought within the period mentioned in subsection (1) . - (a) the deficiencies of which the plaintiff complains arise from instructions given by the person for whom the work was done contrary to the written advice of the defendant or the person who did the work; or - (b) the defendant was not reasonably given access to rectify the deficiencies of which the plaintiff complains.