KEY POINTS:
If I suspect my house could have a weathertight problem, but it is slightly older than 10 years, can I claim compensation?
The 10-year "long-stop" limitation under the NZ Building Act means anyone bringing civil proceedings over building work must do so within 10 years of the act or omission that has, in the case of leaky homes, given rise to defects and subsequent damage. The Weathertight Homes Resolution Services Act 2006 similarly imposes a 10-year limitation on the bringing of a claim. If your home is more than 10 years old you can effectively be shut out from getting compensation in the courts and Weathertight Homes Tribunal. But you should apply to the Department of Building and Housing's weathertight services group for an eligibility report. The application and report is free and it will establish your eligibility in relation to the 10-year limitation, and more importantly it serves to "stop the clock" in relation to that limitation.
I've found out I've got a leaking home problem. What should I do?
It is imperative you act quickly. I would recommend you avail yourself of the Department of Building and Housing's full assessment report by lodging a claim. That report will only cost you $500, will establish the eligibility of your claim, and allow you to form a reasonable impression of the work that will have to be carried out to repair your home. It will also provide you with some indication as to the estimated cost of those repairs. I always recommend that owners should try very hard to avoid going into any resolution process (mediation, settlement conference, adjudication or the courts) without having completed the repairs and established the full cost of those repairs.
It seems the Government has escaped liability for paying for home repairs. In your opinion, who is to blame?
While I believe the Government and agencies should bear some liability, it will be determined by the courts - and therefore by leaky-home owners with deep pockets to take the case to the highest court in the land. I also believe in the absence of agencies such as BIA and BRANZ being found liable, then central government should be treating this as the nationwide disaster that it is and come to the rescue - even providing the necessary funding for people to get their homes properly repaired and then assist the owner to go after those that are responsible.
I would like to buy an apartment but how can I be sure that I'm not buying into an expensive problem?
It is imperative you get to grips with shared ownership arrangements that exist for most apartment and townhouse developments - that is the strata title ownership arrangement under the Unit Titles Act, which has a body corporate administering the owners' affairs. The act and rules impose constraints on your ownership that will see you assume very significant responsibilities and liabilities. In most cases you need to be aware you will assume liability for your share of the repairs and maintenance of the common property associated with the complex and the general running expenses of the body corporate. A pre-purchase inspection by an appropriately qualified building surveyor is also an imperative and that surveyor should be instructed to look beyond the confines of the unit you are intending to buy to form a view of the general condition of the entire complex.
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