When is the deadline for proceedings for breach of statutory warranty: defect other than a major defect?
The catalogue records a 2 years period from Completion of the residential building work to which the warranty relates. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 2 years
- Trigger
- Completion of the residential building work to which the warranty relates
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- s 18E(1)(e): if the breach becomes apparent within the last 6 months of the warranty period, proceedings may be commenced within a further 6 months after the end of the warranty period. s 18E(1A): where a building bond has been lodged for the work under Pt 11 of the Strata Schemes Management Act 2015, the 2 year period is extended until the end of 90 days after the end of the period within which a final inspection report on the building work under that Part is required. s 18E(1B) preserves any other law permitting extension. Not computed.
- The 2 year period is the default and is easily missed. Classification of the defect as major or non-major is the decisive question, and both periods live in the same subparagraph, s 18E(1)(b). Corrected on verification: the researched entry omitted the s 18E(1A) building bond extension, which can materially lengthen the 2 year period in strata work. Section text verified verbatim against the current consolidation on legislation.nsw.gov.au.