'Retrospective' defective buildings legislation in the wake of Victoria Square apartments court case

The legislation will benefit owners of defective buildings – an issue brought to the fore by Victoria Square apartment owners who couldn’t previously take legal action because of a six year limit in NI law.

Minister Lyons said it would be brought “as a matter of urgency” and provide the same protection afforded elsewhere in the UK.

The minister says the proposed Bill – which is understood to have Executive backing – will establish a retrospective period of up to 30 years and a prospective period of up to 15 years in which a party can take action for defective premises.

It will also introduce a new clause into separate existing legislation that will allow a building that contains two or more dwellings to be treated as a single dwelling for the purpose of the Order – in line with similar laws in England and Wales.

The minister was careful in his response to questions from MLAs about whether the legislation would benefit those involved in the Victoria Square apartments case – saying he could not comment on ongoing civil matters.

Mr Lyons said he would write to Executive colleagues today to seek their support and approval to introduce the laws under the Accelerated Passage process.

He said: “This primary legislation will address the period under which action can be taken with regard to defective buildings and addresses the unfair disparity that currently exists and disadvantages our people.

“I do not seek consent for the accelerated passage process lightly. I fully respect the rights of this Assembly to have the normal time and scrutiny processes. However, I do believe it is right that this discrepancy between NI and elsewhere in the UK is resolved”.