Tasmanian Numbered Acts
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BUILDING ACT 2016 (NO. 25 OF 2016) - SECT 327
Accrual of cause of action
(1) In this section – cause of action , in relation to
building work or plumbing work, means – (a) a cause of action for
damages, other than damages for death or bodily injury, incurred as a result
of – (i) defective building work or defective associated building
work; or
(ii) defective plumbing work or defective associated plumbing work;
or
(b) a counterclaim to such an action;
(2) A cause of action for any permit building work in respect of a
building accrues – (a) on the date on which an occupancy permit in
respect of the building is issued after the completion of the permit building
work; or
(b) if that permit is not issued – (i) on the date of the
first occupation of the building; or
(ii) 2 years after the issue of a
building permit relating to that building, if the building is intended to be
occupied but has not been occupied since the permit building work was
completed; or
(c) if the building is occupied and there is no occupancy
permit, on the date on which the work is completed.
(3) A cause of action for any permit plumbing work accrues –
(a) on the date on which a certificate of completion is issued in respect of
the permit plumbing work; or
(b) if that certificate is not issued –
(i) on the date of the first use of the permit plumbing work; or
(ii) 2 years
after the issue of a plumbing permit relating to that plumbing work, if the
plumbing work is not used.
(4) A cause of action for any permit demolition work accrues –
(a) on the date on which a certificate of completion is issued in respect of
the permit demolition work; or
(b) if that certificate is not issued, 2 years
after the issue of a demolition permit relating to the permit demolition work.
(5) A cause of action for any notifiable work accrues on the date on
which a certificate of completion was issued in respect of the notifiable
work.
(6) A cause of action for any low-risk work accrues on the completion of
the work.
(7) A cause of action referred to in this section cannot be
brought – (a) in the case of permit work or notifiable work, after a
period of 10 years starting on the date on which the cause of the action first
accrues; and
(b) in the case of low-risk work, after a period of 2 years
starting on the date on which the cause of the action first
accrues –
whether or not the cause accrues before or after the
commencement of this Act.
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