Environmental Planning and Assessment Act 1979 No 203
Current version for 19 December 2014 to date (accessed 23 December 2014 at 00:29)
Part 4CDivision 2

Division 2 Liability

109ZJ   (Repealed)

109ZK   Limitation on time when building action or subdivision action may be brought

(1)  Despite any Act or law to the contrary, a building action may not be brought in relation to any building work:
(a)  more than 10 years after the date on which the relevant final occupation certificate is issued, or
(b)  in a case where no final occupation certificate is issued, more than 10 years after:
(i)  the last date on which the building work was inspected by a certifying authority, or
(ii)  if no such inspection has been conducted, the date on which that part of the building in relation to which the building work was carried out is first occupied or used.
(1A)  Despite any Act or law to the contrary, a subdivision action may not be brought in relation to any subdivision work more than 10 years after:
(a)  in the case of work completed before the relevant subdivision certificate is issued, the date on which the relevant subdivision certificate is issued, or
(b)  in the case of work completed after the relevant subdivision certificate is issued, the date on which the compliance certificate that certifies that the work has been completed is issued.
(2)  This section does not operate to extend any period of limitation under the Limitation Act 1969.

109ZL   Division not to affect rights to recover damages for death or personal injury

Nothing in this Division applies to or affects any right to recover damages for death or personal injury arising out of or concerning defective building work or subdivision work.
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