192Time for bringing action for defective building work

192 Time for bringing action for defective building work

192 Time for bringing action for defective building work

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

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

(a) if a completion approval is issued for the building work—the date on which the approval is issued, or

(b) if a completion approval is required but not issued and a required inspection of the completed building work is carried out by the approval authority—the date on which the inspection is carried out, or

(c) otherwise—the date on which the building for which the work was carried out is first occupied or used.

(3) This section has effect despite another Act or law, but does not operate to extend a period of limitation under the following—

(a) this Act,

(b) the Home Building Act 1989,

(c) the Limitation Act 1969.

(4) This section does not limit a right to recover damages for death or personal injury arising out of or concerning defective building work.

(5) In this section—

building work includes—

(a) the erection of a building within the meaning of the Environmental Planning and Assessment Act 1979, and

(b) designing or inspecting building work, and

(c) issuing a complying development certificate for building work, and

(d) granting an approval under Part 3 for building work.

civil action includes a counterclaim.