New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2014 - REG 47

47 Time limits for notice of loss or damage

(1) An insurance contract must contain (and is taken to contain) a provision to the effect that the insurer may not reduce its liability under the contract or reduce any amount otherwise payable in respect of a claim merely because of a delay in a claim being notified to the insurer if the claim is notified within the period set out below--

(a) except as referred to in paragraph (b), not later than 6 months after the beneficiary first becomes aware, or ought reasonably to be aware, of the fact or circumstance under which the claim arises, or

(b) in the case of a fact or circumstance that may give rise to a claim for loss or damage resulting from incomplete work, not later than 12 months after--

(i) the contract date, or

(ii) the date provided in the contract for commencement of work, or

(iii) the date work ceased,

whichever is the later.

(2) However, an insurance contract may contain a provision extending the time within which notice of a fact or circumstance may be given or enabling the insurer to waive or extend the time within which notice may be given.

(3) If a beneficiary gives notice of a loss (the
"notified loss" ) to the insurer, the beneficiary is taken for the purposes of a provision included in an insurance contract pursuant to this clause to have given notice of every loss (a
"related loss" ) that was caused by the same defect as caused the notified loss, whether or not the claim in respect of the notified loss has been settled.

(4) The giving of notice of or the making of a claim for the notified loss does not constitute the giving of notice of or the making of a claim for any related loss for the purposes of sections 103BA-103BC of the Act, and those sections are not affected by this clause or any provision included in an insurance contract pursuant to this clause.