32Proceedings for breach of statutory warranty

32 Proceedings for breach of statutory warranty

(1)  Proceedings for a breach of a statutory warranty are to be commenced within 6 years after the date of practical completion of the residential building work to which the proceedings relate.

(2)  Subsection (3) applies in relation to residential building work if –

(a) proceedings, for a breach of a statutory warranty, are to be or have been commenced, in relation to the residential building work, by or on behalf of a person who is entitled under section 31(2) or (3) to the benefit of a statutory warranty in relation to the residential building work; and

(b) but for the application of subsection (3) , the person bringing the proceeding could not, by reasonable diligence, establish for the purposes of subsection (1) the date of practical completion of the work.

(3)  If this subsection applies in relation to residential building work, the date of practical completion of the residential building work is to be taken to be –

(a) [Section 32 Subsection (3) amended by No. 12 of 2016, Sched. 3, Applied:01 Jan 2017] the date on which a certificate of completion (building work), within the meaning of the Building Act 2016 , is issued in relation to the residential building work; or

(b) if –

(i) paragraph (a) does not apply in relation to the residential building work; and

(ii) [Section 32 Subsection (3) amended by No. 12 of 2016, Sched. 3, Applied:01 Jan 2017] an occupancy permit, within the meaning of the Building Act 2016 , is issued in relation to the residential building to which the work relates before the building is first occupied after the residential building work is carried out –

the date on which the occupancy permit is issued; or