Is there a crack in your RAAC? Responding to new challenges in inherent defects

Abstract

Over the last few years, the concept of ‘inherent defect’ in the context of disrepair and/or terminal dilapidations claims between landlord and tenant has returned to prominence, with increased awareness of problems with the design, installation and maintenance of external cladding and the number of buildings constructed out of Reinforced Autoclaved Aerated Concrete (RAAC) coming to the end of their original design life. This paper explores the established case law in depth, concluding that it remains essentially fit for purpose. The paper also explores the perceptual difficulties caused by the inter-professional debate as to whether the concept of inherent defect really exists. The aim of this paper is to move the debate on by providing a new definition of what constitutes an ‘inherent defect’, thereby providing the surveying professions with a useable and practical definition which satisfies the lawyers’ objections to the present generally understood definition. This paper provides the reader with a better understanding of the true legal parameters of the concept of ‘inherent defect’. The paper is intended to be of benefit to surveyors and lawyers of all degrees of experience.