Legal Aspects Of Building Maintenance Works

ABSTRACT

This paper highlights the legal facets of maintenance practice with special emphasis on Building. It begins with an overview of building maintenance and proceeds to identify the legal implications for owners and occupiers of buildings. This is done by reviewing section 72 of both the Housing Acts 1961 and 1969 of the United Kingdom, the Joint Contract Tribunal and the tort of negligence. The paper also takes a look at the building deterioration and liability in law and again highlights the defenses that are available to occupiers/ repair contractors. These include the act of God, consent of the plaintiff, common benefit of the plaintiff and independent act of third party. The paper also takes a look at nuisance as a whole. It concludes by recommending a thorough knowledge of the conditions binding on the parties so as to reduce the possibility of disputes that normally arise among the concerned parties.