Building (Action Limitation) Act 1997 (TAS)

Building (Action Limitation) Act 1997

An Act to limit actions in relation to defective building work to 10 years from the date on which the action arises

[Royal Assent 14 January 1998]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Building (Action Limitation) Act 1997 . 2CommencementThis Act commences on the day after the day on which it receives the Royal Assent. 3InterpretationIn this Act – action means – (a) any action for damages for economic loss incurred as a result of defective building work; and (b) a counter claim to such an action; building includes – (a) a proposed building; or (b) a structure or part of a structure; or (c) part of a building; Building Act means the Local Government (Building and Miscellaneous Provisions) Act 1993 ; building permit means a permit to carry out building work under the Building Regulations 1994 ; building work means any of the following: (a) the erection, re-erection, construction, design, alteration, repair, underpinning, demolition or removal of a building; (b) the addition to a building; (c) the excavation or filling incidental to an activity referred to in paragraph (a) or (c) ; (d) plumbing work carried out in association with an activity referred to in paragraph (a) , (b) or (c) ; (e) the inspection and reporting of any – (i) building; or (ii) building work; or (iii) plumbing installation; or (iv) plumbing work; (f) the making, giving or issuing of any permit, certificate, notice, order, consent, decision, determination, declaration, approval, requirement, accreditation or authorisation under Part 2 of the Building Act; (g) the acceptance of any certificate under Part 2 of the Building Act; (h) the taking of any action under Part 2 of the Building Act; (i) the prohibiting or permitting of anything under Part 2 of the Building Act; (j) any other work prescribed under this Act or under the Building Act; plumbing installation means – (a) a water supply; or (b) a system of sewage or sullage drainage or disposal, stormwater drainage, roof drainage or trade waste drainage; or (c) a plumbing system; plumbing permit means a permit to carry out plumbing work under the Plumbing Regulations 1994 ; plumbing work means any of the following: (a) the design, placing, construction, alteration or maintenance of a plumbing installation; (b) the inspection and reporting of any plumbing or plumbing work; (c) the issuing or making of any permit, certificate, notice, order, consent, decision, determination, declaration, approval, requirement, accreditation or authorisation under Part 2 of the Building Act; (d) the taking of any action under Part 2 of the Building Act; (e) the prohibiting or permitting of anything under Part 2 of the Building Act; (f) any other work prescribed under this Act or under the Building Act. 4Limitation on taking action (1)  Subject to subsection (2) , an action cannot be brought after a period of 10 years starting on the date on which the cause of the action first accrues, whether or not the cause accrues before or after the commencement of this Act. (2) An action in respect of building work completed 9 years or more before the commencement of this Act may only be brought up to a period of one year after that commencement. (3) This section does not affect any right to recover damages for death or bodily injury resulting from defective building work. (4) This section does not apply to any action that has commenced at any time but has not yet been determined at the end of one year after the commencement of this Act. 5Accrual of cause of action (1) A cause of action for any building work in respect of a building accrues – (a) on the date on which a certificate of occupancy in respect of thatbuilding work is issued under the Building Regulations 1994 ; or (b) if such a certificate is not issued – (i) on the date of the first occupation of the building; or (ii) 2 years after the issue of the building permit relating to that building if the building is not occupied. (2) A cause of action for any plumbing work accrues – (a) on the date on which a certificate of completion in respect of that plumbing work is issued under Part 2 of the Building Act; or (b) if such a certificate is not issued – (i) on the date of the first use of the plumbing work; or (ii) 2 years after the issue of the plumbing permit if the plumbing work is not used. 6Regulations (1)  The Governor may make regulations for the purpose of this Act. (2)  The regulations may – (a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and (b) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues. 7Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  – (a) the administration of this Act is assigned to the Minister for Local Government; and (b) the department responsible to that minister in relation to the administration of this Act is the Department of Premier and Cabinet.

[Second reading presentation speech made in:

House of Assembly on 25 NOVEMBER 1997

Legislative Council on 9 DECEMBER 1997]