Limitation periods are strict. A claim started too late can be defeated however strong it is. This guide explains the time limits that apply to claims against architects and engineers in England and Wales, including the longer periods for claims about dwellings under the Defective Premises Act 1972. The general rules for professional negligence are in time limits for professional negligence claims; the time limits against builders are in builder dispute time limits.
The ordinary rules
The Limitation Act 1980 sets the periods:
- Contract (s.5): "six years from the date on which the cause of action accrued". For breach of contract, that is the date of the breach.
- Deeds (s.8): an action upon a specialty, which includes a contract made as a deed, has "twelve years from the date on which the cause of action accrued". ARB's insurance guidance reminds architects that for "contracts that are made under seal (deeds)" the period of liability is 12 years.
- Negligence (s.2): six years from when the cause of action accrued, which in negligence is when damage is first suffered.
- Date of knowledge (s.14A): for "any action for damages for negligence", if it ends later, three years from the earliest date the claimant had the knowledge needed to bring the claim: of the material facts about the damage, that it was attributable to the act or omission complained of, and of the defendant's identity. Knowledge that the act or omission was, in law, negligent is irrelevant (s.14A(9)), and a claimant is treated as knowing what they could reasonably have found out, including with appropriate expert advice (s.14A(10)).
- Longstop (s.14B): no action for damages for negligence after fifteen years from the last act or omission alleged to be negligent, even if damage or knowledge has not yet arisen.
Contract and negligence side by side
A client usually has a claim in contract and, alongside it, in negligence (Robinson v P E Jones (Contractors) Ltd [2011] EWCA Civ 9). The two clocks can start on different days. The contract clock runs from the breach, whether or not any loss has yet appeared. The negligence clock runs from when damage was first suffered, and section 14A can extend it where the problem was hidden.
When damage was first suffered in a defective building, and when the owner had the relevant knowledge, are often the most argued questions in these claims. A crack noticed and dismissed years ago, or a report that mentioned a problem in passing, may start the date-of-knowledge clock earlier than the owner expects.
Deliberate concealment
Under section 32(1)(b), if "any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant", time does not start until the claimant discovered the concealment or could with reasonable diligence have discovered it. Deliberately committing a breach of duty in circumstances where it is unlikely to be discovered for some time counts as deliberate concealment (s.32(2)).
The Defective Premises Act and the Building Safety Act 2022
Section 1 of the Defective Premises Act 1972 imposes a duty on anyone taking on work for or in connection with the provision of a dwelling. A claim for breach of it is treated as accruing "at the time when the dwelling was completed" (s.1(5)), or when later remedial work by the same person was finished. Section 2A, added by the Building Safety Act 2022, imposes a similar duty for work on existing dwellings, accruing when the work is completed (s.2A(8)), and applies only to work completed after 28 June 2022 (Building Safety Act 2022, s.134(2)).
Section 135 of the Building Safety Act 2022, in force from 28 June 2022, inserted section 4B into the Limitation Act 1980:
- 15 years from accrual for an action under section 1 or 2A of the Defective Premises Act 1972, or section 38 of the Building Act 1984 (s.4B(1) and (3)).
- 30 years from accrual for claims under section 1 of the Defective Premises Act where the right to bring the action arose before 28 June 2022 (s.4B(4) and (5)). This applies retrospectively: the amendment "is to be treated as always having been in force" (BSA 2022, s.135(3)).
- Where the 30 years would have expired within one year of 28 June 2022, the claim could be brought until the end of that year (s.135(4)). That period has now passed.
- A court must dismiss a claim that would have been time-barred but for the retrospective change, if that is necessary to avoid a breach of the defendant's Convention rights (s.135(5)), and the change does not reopen claims settled or finally decided before it came into force (s.135(6)).
Two points are easy to miss. First, these periods apply only to claims brought under those provisions. They do not lengthen an ordinary claim against an architect or engineer in contract or negligence. Second, for these claims the date-of-knowledge extension and the longstop in sections 14A and 14B do not apply: section 4B(2) provides that only sections 1, 28, 32, 35, 37 and 38 of the Limitation Act apply to them.
Contribution between those responsible
Where an architect or engineer and a builder are liable for the same damage, a claim by one against the other for contribution has its own limit: two years from the date the right to contribution arose, such as the date of a judgment or settlement (Limitation Act 1980, s.10). See design defect or bad workmanship.
Complaints, negotiations and the protocol
The court time limits run whether or not a complaint is being made to the professional, to ARB or to a professional body, and whether or not the parties are negotiating. ARB's own window for complaints, at the time of writing (October 2026) usually six years, is separate from the court time limits. The construction pre-action protocol allows a claimant whose claim may become time-barred by complying with it to start proceedings without complying, and apply for directions at the same time (para. 12.1). See the construction pre-action protocol and the TCC.
What a solicitor will want from you
- The appointment, including how it was signed, and any building contract.
- The date of each piece of work in question: design, report, inspection or certificate.
- The date the building or works were completed, and any certificate of completion.
- The date you first noticed the problem, what you noticed, and any earlier warning signs.
- The date anyone first told you the problem was linked to the architect's or engineer's work.
- Any complaint, standstill agreement or correspondence with the professional or their insurer.
This guide is general information about the law of England and Wales. It is not legal advice. When a limitation period starts depends closely on the facts, and different periods can apply to different claims arising from the same project.
Frequently asked
How long do I have to sue my architect?
For breach of contract, six years from the breach, or twelve if the appointment was made as a deed. For negligence, six years from when damage was suffered or, if later, three years from the date of knowledge, subject to a fifteen-year longstop from the negligent act or omission (Limitation Act 1980, ss.2, 5, 8, 14A and 14B). Which applies depends on the facts.
Didn't the Building Safety Act extend the time limit to 30 years?
Only for claims under section 1 of the Defective Premises Act 1972 where the right to claim arose before 28 June 2022. Those can now be brought up to 30 years after the dwelling was completed. Defective Premises Act claims arising on or after that date have 15 years. The longer periods do not apply to ordinary claims in contract or negligence against an architect or engineer.
Does complaining to ARB or the architect stop the clock?
No. The court time limits run whether or not a complaint or negotiation is under way. The construction pre-action protocol allows a claimant whose claim would otherwise become time-barred to start proceedings and ask the court for directions.
Was my architect's appointment a deed?
It depends on how it was made. Under the Law of Property (Miscellaneous Provisions) Act 1989, a document is not a deed unless it makes clear on its face that it is intended to be one and is validly executed as a deed; for an individual, that means signing in the presence of a witness who attests the signature, and delivery. The difference matters because a claim on a deed has twelve years rather than six.