Home modifications and CTP claims in NSW
If you have suffered a serious injury in a motor accident in New South Wales and need home modifications to maintain safety and independence, you may be entitled to claim these costs through the Compulsory Third Party (CTP) insurance scheme. The time limits for making such a claim are governed by the Motor Accident Injuries Act 2017 (MAIA), which applies to all motor accidents occurring on or after 1 December 2017. In Greater Sydney, as elsewhere in NSW, the legal framework for CTP claims is the same, regardless of location within the state.
Legal basis for home modifications under CTP
Under the MAIA, you may claim reasonable and necessary home modifications if they are required as a direct result of injuries sustained in a motor accident. These modifications must be assessed by a qualified professional and approved by the insurer. Common examples include installing ramps, widening doorways, or modifying bathrooms to accommodate a wheelchair or reduced mobility. The claim must be supported by medical evidence showing that the injury has caused a permanent or long-term functional limitation that affects your ability to live safely and independently in your home.
Time limits for making a claim
The primary time limit for making a CTP claim for home modifications is 3 years from the date of the motor accident. This is set out in the Motor Accident Injuries Act 2017 and applies to all claims for damages, including those for home modifications. This 3-year period is the same as the general time limit for most CTP claims in NSW, including those for medical expenses, loss of income, and pain and suffering.
However, if you are claiming under the statutory benefits scheme (i.e. treatment and care benefits, weekly income payments), the time to notify the insurer may be shorter. You must notify your insurer of your claim for treatment and care benefits within 6 months of the accident. For home modifications, which are a form of treatment and care benefit, it is strongly recommended to notify the insurer as soon as possible after the need is identified, to avoid delays in approval and funding.
Factors that may affect the time limit
The 3-year time limit for a claim for home modifications is not automatically extended. However, the time limit may be paused or extended in limited circumstances, such as if you were under 18 at the time of the accident, or if you were not aware of the injury or its connection to the accident at the time. These are exceptional cases and require legal assessment. The time limit may also be extended if the insurer has made a formal offer of settlement and you are waiting for a response, but only if you have not accepted or rejected it.
Practical steps and evidence to support your claim
To strengthen your claim for home modifications, gather the following evidence:
- A medical report from your treating practitioner confirming the nature and permanence of your injury and its impact on your daily living.
- A report from an occupational therapist or rehabilitation professional detailing the specific modifications required and their necessity.
- A quote from a licensed builder or contractor outlining the cost and scope of the modifications.
- Photographs of your home showing the current accessibility issues.
- Records of any prior modifications made to your home, and correspondence with your insurer about the claim.
When to seek legal advice
If you have not made a claim within 3 years of the accident, you may still have options, but the burden of proof will be higher. You may need to apply to the NSW Civil and Administrative Tribunal (NCAT) to extend the time limit, which requires a strong justification. It is advisable to seek legal advice as soon as you identify a need for home modifications, particularly if the injury is serious and long-term.
Hypothetical example
A 52-year-old resident of North Ryde, Greater Sydney, was involved in a motor accident on 15 March 2024. The accident resulted in a spinal cord injury that left them permanently unable to walk without support. In June 2024, an occupational therapist recommended installing a ramp and modifying the bathroom. The claim for these modifications was made to the insurer in October 2024, within the 3-year limit. The insurer approved the claim after review, and the modifications were completed in February 2025. This example illustrates a timely claim under the MAIA.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.