327Accrual of cause of action

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