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Building (Scotland) Act 2003

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This is the original version (as it was originally enacted).

51Civil liability

This section has no associated Explanatory Notes

(1)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 otherwise provide.

(2)Such regulations may provide for a specified defence to be available in an action for breach of such a duty brought by virtue of subsection (1).

(3)Subsection (1) and any defence provided for in pursuance of subsection (2) do not apply in relation to the breach of such a duty in connection with a building erected before the date on which those subsections come fully into force unless the breach arises in relation to the conversion, alteration, demolition, repair, maintenance or fitting of such a building.

(4)Nothing in this section affects—

(a)the extent (if any) to which breach of a duty imposed by building regulations is actionable in a case to which subsection (1) does not apply,

(b)any right of action which exists apart from this section.

(5)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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