Australian Capital Territory Consolidated Acts

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BUILDING ACT 2004 - SECT 142

Limitation of liability for building actions

    (1)     A building action may not be brought more than 10 years after—

        (a)     if a certificate of completion of the relevant building work has been given under this Act—the day the certifier gives the certificate; or

        (b)     if paragraph (a) does not apply, but the certifier has, in the course or on completion of the building work, inspected it—the day when the last inspection took place; or

        (c)     if neither paragraph (a) nor paragraph (b) applies—the day the relevant building was 1st occupied or used.

    (2)     Also, a building action in relation to building work may not be brought more than 10 years after—

        (a)     if an entity has given a notice under section 24 (2) that the entity's appointment as certifier for the building work has ended—the day the entity gave the notice; or

        (b)     if an entity's appointment as certifier for the building work has ended under section 19D and the entity need not give notice under section 24 (2)—the day the entity's appointment ended.

    (3)     Subsections (1) and (2) do not apply to a building action if a shorter limitation period applies to the building action under another Territory law.

    (4)     In this section:

"building", in relation to building work that consists of, or includes, the alteration of a building, means the building as altered.



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