Leaky-home owners in spot after appeals turned down

Houses at The Avenue, in Albany, Auckland have been refused certification. Picture / Paul Estcourt

A Government department has upheld council decisions not to certify leaky houses in the Auckland region, leaving many homeowners without final sign-off on their new homes.

The Department of Building and Housing has confirmed a string of certification rejections, saying the houses did not meet legal requirements as they suffered serious weathertightness defects.

The department found the councils were right not to certify the houses, after making detailed investigations.

This leaves many homeowners without a code compliance certificate, which states that councils are satisfied the house adheres to the building code.

It is not easy to sell a house without this final sign-off because sale and purchase contracts are often conditional on a certificate having been issued.

Philip O'Sullivan of building consultants Prendos said the certificates were crucial documents, although houses could be bought and sold without them.

The most significant case upheld by the department was at Albany where a 48-unit residential complex built five years ago was found to have many serious defects.

John Gardiner, the department's determinations manager, found North Shore City Council was right not to issue a certificate for 11, The Avenue, Albany.

A challenge to the council's decision not to certify was brought by Blue Sky Holdings, an associate of NZX-listed Blue Chip Financial Solutions, which manages hundreds of residential properties for investors.

Mr Gardiner's report on the two-level terraced and semi-detached units on a sloping site showed 20 major defects, including cracked claddings, problems with texture coatings, problems with flashings above windows, problems with seals around windows and "questionable" quality of weatherboard material which was cupping, splitting and showed numerous knots.

The council had issued a notice to rectify the monolithic and rusticated cedar weatherboard units, Mr Gardiner noted. A new notice to fix the units should be issued by the council, requiring Blue Sky to bring the complex up to compliance with the building code, he recommended.

But he noted he was not asked to rule on fire separation issues between the units nor safety aspects of a swimming pool. This could be the subject of a subsequent determination, he found.

In a second ruling, Mr Gardiner confirmed Auckland City Council's decision not to issue a certificate for a house in James Tyler Cres, Mt Roskill. The two-level house is one year old.

"There are a number of items to be remedied to ensure that the building remains weather-tight and thus meets the durability requirements of the building code," Mr Gardiner found.

Not all determinations back council decisions. In a third ruling, Mr Gardiner reversed Auckland City Council's decision to refuse a certificate for a house in John Rymer Place, Kohimarama. An expert's report had established no evidence of external moisture entering the house and its cladding complied with the building code, he found.