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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Historical version for 21 February 2003 to 24 June 2003 (accessed 29 January 2020 at 10:17) Current version
Part 11 Division 3 Clause 218
218   Buildings for which no occupation certificate issued
(cf clause 81Z of EP&A Regulation 1994)
An approved professional indemnity contract may provide that the indemnity provided by the contract does not apply to any claim made against the insured in relation to building work in respect of which no occupation certificate has been issued unless the claim is made against the insured, and notified to the insurer, before the expiration of 10 years from:
(a)  the last date on which the building work was inspected by a certifying authority, or
(b)  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.
 Section 109M (2) of the Act provides that, in certain circumstances, a building in respect of which building work has been carried out may be occupied and used without an occupation certificate having been issued in relation to that work. In these circumstances, section 109ZK of the Act does not bar the taking of legal action in relation to that work in the way it bars the taking of legal action in relation to other building work.