By Phillip Leaman

1 December 2020

There are a number of important limitation periods that every Owners Corporation should be aware of when it comes to defective domestic building work within the common property areas of the Property.

Key limitation periods which effect domestic building disputes in Victoria include:

  • Commencing a Domestic Building Dispute in VCAT against a Building Practitioner
  • Commencing a Domestic Building Dispute in VCAT against a Plumber
  • Domestic Building Insurance Claims
  • Domestic Plumbers Insurance

 

Commencing a Domestic Building Dispute in VCAT against a Building Practitioner

Pursuant to section 134 of the Building Act 1993 a building action cannot be brought more than 10 years after the after the date of the relevant Occupancy Permit (regardless of whether the Occupancy Permit was subsequently cancelled or varied) or a Certificate of Final Inspection (if an Occupancy Permit was not issued).

As confirmed in the matter of Owners Corporation 1 Plan No. PS543073S v Eastrise Constructions Proprietary Limited (Building and Property) [2019] VCAT 1639, filing a conciliation application through the mandatory Domestic Building Dispute Victoria Resolution Victoria (DBDRV) conciliation process does not equate to commencing a domestic building dispute.

 

Commencing a Domestic Building Dispute in VCAT against a Plumber

Pursuant to section 134A of the Building Act 1993 a plumbing action cannot be brought after 10 years from that date of the relevant plumbing Compliance Certificate issued for domestic plumbing work at the Property.

 

Domestic Building Insurance (sometimes called “Home Warranty Insurance”)

In the event the Builder obtained a Domestic Building Insurance policy for the Property, insurance claims by building owners can only be made for defects that were notified by the building owner to the domestic building warranty insurer within the following timeframes:-

  • For non-structural defects notification to be made within two (2) years from the completion date of the building works; and
  • For structural defects the insurer is to be notified within six (6) years from the completion date of the building works.

  

Domestic Plumber’s Insurance

A Plumber is required be hold an insurance policy or policies in order to be eligible to be licensed under Part 12A of the Building Act 1993 (does not include licences to carry out private plumbing work only or Type B Gasfitting work only).

As stipulated in the Licensed Plumbers General Insurance Order 2002 (Ministerial Order), in order to make a claim with a plumber’s insurer, the insurer must be notified of the defective plumbing work within six (6) years after the date that the licensed plumber issued a compliance certificate in relation to that domestic plumbing work. If a compliance certificate was not issued for the work, the insurer must be notified within six (6) years from the date that the plumber stopped carrying out that work.

‘Notification’ of defects given to the licensed plumber within the six (6) year period, is deemed to also be notice provided to the plumber’s insurer.

 

This is a brief outline of key limitation periods for defective domestic building works only, if you would like further information regarding the above, please contact a member of our Owners Corporation Team.

Related Articles

View All
Owners Corporations / Owners Corporations & Strata

Owners Corporations Case law update- Benefit Principle

So what is the case The case is Bradley Scott Schembri Furniture Finishes Pty Ltd v Owners Corporation No PS334220X...
Read More
Owners Corporations / Owners Corporations & Strata

Owners Corporations Case Law update- Stop that Noise!

So what is the case The case is JRVT Pty Ltd v Traczyk (Owners Corporations) [2025] VCAT 108 What is it about This...
Read More
Owners Corporations / Owners Corporations & Strata

Owners Corporations Case Law update – Water ingress into lots from common property?

What is it about The applicant seeks repairs and damages from the Owners Corporation for a damp concrete slab in the...
Read More
Owners Corporations / Owners Corporations & Strata

Owners Corporations Case law update- Lot owner asks VCAT to change the AGM Minutes please! VCAT says “No”.

What is it about The case is about a lot owner who sought various orders including: The applicant sought an order...
Read More
Owners Corporations / Owners Corporations & Strata

Smokers keep your smoke out of my space!

Luckily for non smokers the model rules for Owners Corporations was changed in 2021 in an effort to address smoke drift...
Read More
Owners Corporations / Owners Corporations & Strata

Developers know your obligations

But what does a developer need to provide to an OC Section 67 of the Owners Corporations Act 2006 provides a...
Read More
Owners Corporations / Owners Corporations & Strata

Committees- a recap on the legal technicalities associated with committee elections and membership

Any lot owner or a proxy is eligible to be on the committee unless at the time of the vote they are not financial If a...
Read More
Owners Corporations / Owners Corporations & Strata

When the Owners Corporation has no funds – what do you do?

So how does the Owners Corporation fund such works Hopefully there is a maintenance fund that deals with likely capital...
Read More
Owners Corporations / Owners Corporations & Strata

Owners Corporations Act update – Form changes from Consumer Affairs Victoria

For Fee Notices and Final Notices, there is a new section about payment plans and financial hardship: “Payment Plans...
Read More
Owners Corporations / Owners Corporations & Strata

Loans to Owners Corporations – Tips and Tricks

The only option is a loan Section 25 of the Owners Corporations Act 2006 provides that by ordinary resolution, if the...
Read More
Owners Corporations / Owners Corporations & Strata

Owners Corporation case law update- Common property car park free for all! But not after VCAT intervenes

What is the case about The Tribunal sets out the facts as follows: The applicant, Mr Lim, is the owner of one of two...
Read More
Owners Corporations / Owners Corporations & Strata

Owners Corporation case law update- Developers and Managers beware!!

What was the case about The Owners Corporation (which only had 4 lots) sought recovery of $2,400 it says was illegally...
Read More