New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 6.20

6.20 Limitation on time when action for defective building or subdivision work may be brought

(cf previous s 109ZK)

(1) A civil action for loss or damage arising out of or in connection with defective building work or defective subdivision work cannot be brought more than 10 years after the date of completion of the work.

(2) Building work is taken to be completed on--

(a) the date on which an occupation certificate is issued that authorises the occupation of the building or part of the building for which the work was carried out (or if an occupation certificate is not required, the date on which a compliance certificate is issued for the completed building work), or

(b) if no such certificate has been issued--the date on which a required inspection of the completed building work was carried out by a certifier, or

(c) if no such certificate has been issued and no such inspection carried out--the date on which the building or part of the building for which the work was carried out is first occupied or used.

(3) Subdivision work is taken to be completed on--

(a) if the work was completed before the issue of a subdivision certificate in respect of the subdivision for which the work was carried out--the date on which that certificate is issued, or

(b) if the work was completed after the issue of that certificate--the date on which a compliance certificate is issued that certifies the work has been completed.

(4) This section has effect despite any other Act or law, but does not operate to extend any period of limitation under the Limitation Act 1969 or the Home Building Act 1989 .