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defective premises

Liability for defects in the construction of buildings can arise both at common law, in contract and tort, and by statute. In addition to any liability they may incur for breach of contract, builders, architects, surveyors, etc., are liable in tort on ordinary principles for *negligence and may also be in breach of statutory duties; for example, the duty imposed by the Defective Premises Act 1972, in respect of work connected with the provision of a dwelling. In certain circumstances, a local authority may also be liable for negligence in the exercise of its statutory powers to supervise and control building operations to subsequent occupiers whose health and safety is thereby endangered. A landlord who is responsible for repairs, or who has reserved the right to enter and carry out repairs, may be liable for damage caused by failure to repair not only to his tenants, but also to third parties who could be expected to be affected by the defects. For the liability of occupiers of premises, see *occupiers’ liability.

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