Inherent Defects in Uk's residential buildings

We've recently been catching up on Mustafa Sidki's article in the RICS Property Journey (November 2025). Made for both an interesting and concerning read.

Some really important key points leap out that affect a lot of what we are aware of from Housing Disrepair Cases. Here are some notes that go towards our Surveying CPD and training requirements.

🏗️ Link to the original article is at the foot of this summary. So if you are also doing some CPD research make sure you head-over to that.

🔍 Overview

The Building Safety Act 2022 (BSA), introduced after the Grenfell Tower fire, has significantly expanded legal duties around building safety. As a result, safety surveys across the UK are uncovering a growing number of inherent defects : flaws in design, materials, or workmanship that compromise building integrity. These findings are driving a surge in legal claims and shifting liability toward developers, contractors, and construction professionals.

High Rise Buildings in Social Housing. Photo Credit: Mark Pearce BSc(Hons) MRICS MCIArb

🧱 Why more building defects are being found

The BSA requires safety case reports for “relevant buildings” (11m+ or 5+ storeys). These surveys are revealing widespread issues. Sidki lists examples such as:

• inadequate steel reinforcement in undercroft parking structures

• poor damp proofing

• defective roofing membranes leading to water ingress 

• large panel system building defects

• inadequate or missing fire stopping.

Many of these issues are not strictly fire-related but still fall under the BSA’s broader definition of building safety risks.

⚖️ Expanded legal duties and liability

Key legal changes:

• Section 2A of the Defective Premises Act (DPA) now covers work on any part of a building containing dwellings, including communal areas and refurbishments.

• Sections 148–149 of the BSA create liability for manufacturers and suppliers of defective construction products.

• Limitation periods:

  • 15 years for work completed after June 2022

  • 30 years retrospectively for earlier work

Important case law:

• URS Corp Ltd v BDW Trading Ltd (2025):The Supreme Court confirmed developers can recover damages from consultants for historic design defects discovered post‑Grenfell.

  
  

🏠 What counts as “fit for habitation”?

Courts may interpret this broadly. A dwelling may be unfit due to:

• Structural issues

• Water ingress

• Defective foundations

• Problems in communal areas or external parts (e.g., collapsed drains)

If a defect affects safety, access, or essential services, it can trigger liability : even if it’s outside the individual flat.

🧑‍⚖️ What constitutes negligent construction?

Claimants must show:

• Breach of contractual or statutory duty

• Failure to meet professional standards

• Use of improper materials or flawed design

Manufacturers can also be liable for misleading marketing or non‑compliant products.

⚠️ Grey areas

Some issues, like collapsed drains, raise questions about whether they fall “in connection with” the provision of a dwelling. Courts tend to interpret this broadly, focusing on the impact on residents rather than strict physical boundaries.

👷 Implications for property professionals

The BSA has reshaped responsibilities across the sector:

• Freeholders & block managers must act quickly on survey findings.

• Developers & contractors face increased exposure for historic defects.

• Surveyors, architects & engineers may be liable many years later—making record‑keeping essential.

• Lessees now have clearer routes to pursue claims.

This marks a major shift in risk away from leaseholders and toward construction professionals.

🤝 Resolving disputes

Litigation isn’t the only option. Expert reports can support negotiated settlements. Effective reports should:

• Identify causes of action

• Understand the liability from causation for each defect

• Quantify losses (e.g., via a Scott Schedule)

This approach reduces cost, delay, and disruption for residents.

📌 What surveyors need to do when considering building defects

Surveyors need to:

• Understand the expanded legal framework

• Anticipate grey areas

• Provide robust technical evidence

• Support collaborative, non‑litigious solutions

Recent decisions (e.g., URS and Monier Road Ltd v Blomfield) emphasise the need for credible expert evidence when bringing claims.

References (1)

Grenfell tragedy sheds light on inherent defects | Mustafa Sidki | RICS Property Journal 14 November 2025

https://ww3.rics.org/uk/en/journals/property-journal/building-safety-act-grenfell-inherent-defects.html