In England and Wales, the Limitation Act 1980 says an action founded on simple contract or tort shall not be brought after six years from when the cause of action accrued, with later starts for some latent negligence claims; in Scotland, obligations are extinguished after five years without a relevant claim.

Why the clock matters for a conservatory claim

Defects such as leaks can appear years after installation, and a claim can be barred if court proceedings are not started in time. This guide covers England and Wales and Scotland; Northern Ireland is not covered.

England and Wales: the basic periods

Section 5 of the Limitation Act 1980 says an action founded on simple contract shall not be brought after six years from the date on which the cause of action accrued. Section 2 sets the same six-year period for an action founded on tort. Under section 8, an action upon a specialty, which covers a contract made as a deed, is subject to twelve years from accrual. These sections apply to England and Wales, and legislation.gov.uk records them as up to date on 23 September 2026. A claim against an installer for breach of the installation contract will usually rely on the simple contract period, so the question is when the cause of action accrued.

England and Wales: latent damage in negligence

Section 14A applies to actions for damages for negligence, other than personal injury claims, where the facts relevant to the claim were not known when the cause of action accrued. It provides that the action cannot be brought after the later of six years from accrual or three years from the “starting date”, the earliest date the claimant had both the knowledge required to bring an action and the right to bring it. That knowledge covers the material facts about the damage, its attribution to the alleged negligence and the defendant’s identity. Section 14B adds a separate long-stop: an action for damages for negligence cannot be brought after fifteen years from the act or omission alleged to be negligent, even if the cause of action has not yet accrued.

England and Wales: concealment and mistake

Section 32 postpones the start of a limitation period where the action is based on fraud, a fact relevant to the claim has been deliberately concealed by the defendant, or the action is for relief from mistake. The period does not begin until the claimant has discovered the fraud, concealment or mistake or could with reasonable diligence have discovered it. Section 32(2) says a deliberate breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment.

Scotland: prescription

Under section 6 of the Prescription and Limitation (Scotland) Act 1973, if an obligation to which the section applies has subsisted for a continuous period of five years without a relevant claim having been made and without being relevantly acknowledged, it is extinguished. Section 6(4) excludes periods in which the creditor failed to claim because of the debtor’s fraud or induced error. Section 11 provides that an obligation to pay damages for loss caused by an act or omission is regarded as becoming enforceable when the loss occurred or, if the creditor could not with reasonable diligence have known of the loss, its cause and the person responsible, on the later date when they did or could have. Section 7 sets a separate twenty-year period of extinction for obligations to which it applies.

Starting a claim in time

The Practice Direction on Pre-Action Conduct says it does not alter statutory time limits, and that a claim issued after the limitation period has expired can be met with a limitation defence. It adds that where proceedings are started to meet a time limit before the pre-action steps are complete, the parties should ask the court for a stay while they comply. The stages of a claim in England and Wales are set out in our guide to making a county court claim, and the consumer routes that come earlier are in resolving a dispute without court.

FAQs

How long do I have to sue a conservatory installer in England and Wales?

Section 5 of the Limitation Act 1980 sets six years from when the cause of action accrued for an action founded on simple contract, and section 2 sets six years for tort.

What if I only discovered the defect years later?

Section 14A can allow a negligence claim within three years of the claimant having the required knowledge, subject to the fifteen-year long-stop in section 14B.

Is the rule the same in Scotland?

No. The Prescription and Limitation (Scotland) Act 1973 extinguishes obligations after five years without a relevant claim under section 6, with a twenty-year period under section 7.

Does writing a letter of complaint stop the time limit?

The Practice Direction on Pre-Action Conduct says it does not alter statutory time limits for starting proceedings.

The bottom line

In England and Wales the starting point for a conservatory claim is six years from when the cause of action accrued, with later starts and long-stops for some negligence claims and for concealment. In Scotland the base period is five years under prescription rules. Complaint letters and pre-action steps do not extend these periods, so anyone with a live dispute should check the dates early and take legal advice on the accrual date. This is general information, not legal advice.

Sources

This guide draws on the following primary sources, current as of 24 September 2026:

• legislation.gov.uk, “Limitation Act 1980, section 5: Time limit for actions founded on simple contract”
• legislation.gov.uk, “Limitation Act 1980, section 14A: Special time limit for negligence actions where facts relevant to cause of action are not known at date of accrual”
• legislation.gov.uk, “Limitation Act 1980, section 14B: Overriding time limit for negligence actions not involving personal injuries”
• legislation.gov.uk, “Limitation Act 1980, section 32: Postponement of limitation period in case of fraud, concealment or mistake”
• legislation.gov.uk, “Prescription and Limitation (Scotland) Act 1973, section 6: Extinction of obligations by prescriptive periods of five years”
• legislation.gov.uk, “Prescription and Limitation (Scotland) Act 1973, section 11: Obligations to pay damages”
• Ministry of Justice, “Practice Direction: Pre-Action Conduct and Protocols”

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.