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Building Act 2016
327Accrual of cause of action
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### 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 –
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> > > > (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.
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> > (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 –
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> > > > (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) [*\[Section 327 Subsection (7) amended by No. 39 of 2018, s. 47, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2018-039#GS47@EN) in the case of low-risk work, after a period of 6 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.