Home Building Claim - Time Limits

The Home Building Act (and regulations) have been amended several times since its inception. The time limits are important in at least two respects where the first relates to a claim against the contractor, and the second relates to a claim against the insurer. 

Time Limits For Claims Against the Contractor

Section 18E of the Home Building Act sets out the relevant time limits for claims against the contractor. As at the time of writing the general position is that the claim needs to be made within 6 years from completion for major defects, and 2 years from completion for non-major defects. However, there can be exceptions so legal advice will almost certainly be needed.

Time Limits For Claims Against the Insurer

When insurance is triggered, such as when the builder becomes insolvent (or some other relevant event occurs), a claim must be made during the period of insurance. The period of insurance is set out in s 103B and sets out the periods of cover for non-completion (12 months), major defects (6 years from completion) and non-major defects (2 years from completion). However, there can be exceptions such as for delayed claims so that legal advice will almost certainly be needed. 

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