134Limitation on time when building action may be brought

134 Limitation on time when building action may be brought S. 134(1) amended by No. 31/2020 s. 53 (ILA s. 39(B)(1)). (1) Despite any thing to the contrary in the **Limitation of Actions Act 1958** or in any other Act or law, a building action cannot be brought more than 10 years after the date of issue of the occupancy permit in respect of the building work (whether or not the occupancy permit is subsequently cancelled or varied) or, if an occupancy permit is not issued, the date of issue under Part 4 of the certificate of final inspection of the building work. S. 134(2) inserted by No. 31/2020 s. 53, amended by No. 40/2021 s. 49A(1). (2) Despite subsection (1), a building action may be brought more than 10 years but less than 15 years after the date of issue of the occupancy permit in respect of the building work (whether or not the occupancy permit is subsequently cancelled or varied) or, if an occupancy permit is not issued, the date of issue under Part 4 of the certificate of final inspection of the building work if— (a) the building action is a cladding building action; and S. 134(2)(b) substituted by No. 40/2021 s. 49A(2). (b) the building action has become or becomes prohibited on or after 16 July 2019 but before 1 December 2023 by this section as in force at any time before the commencement of section 49A of the **Building Amendment (Registration and Other Matters) Act 2021**. S. 134(2A) inserted by No. 43/2024 s. 8. (2A) Despite subsection (1), a building action may be brought more than 10 years after the date of issue of the occupancy permit in respect of the building work (whether or not the occupancy permit is subsequently cancelled or varied) or, if an occupancy permit is not issued, the date of issue under Part 4 of the certificate of final inspection of the building work, if a court extends the period in accordance with section 77 of the **Victorian Civil and Administrative Tribunal Act 1998**. S. 134(3) inserted by No. 31/2020 s. 53. ***cladding building action*** means a building action in connection with, or otherwise related to, a product or material that is, or could be, a non-compliant or non‑conforming external wall cladding product. S. 134A inserted by No. 39/1996 s. 6, amended by No. 43/2024 s. 9 (ILA s. 39B(1)).