Building Act 2004

Miscellaneous provisions - Miscellaneous - Implied terms of contracts

397: Implied warranties for building work in relation to household units

You could also call this:

“Promises builders have to keep when working on homes, even if they don't write them down”

This section of the Building Act 2004 used to be about warranties that were automatically included in contracts for building work on homes. However, it no longer applies to new contracts. If you signed a contract for building work on your home between 30 November 2004 and 31 December 2014, this section might still be relevant to you. For contracts signed from 1 January 2015 onwards, this section doesn’t apply anymore because it was removed from the law. If you want to know what rules apply to newer contracts, you’ll need to look at other parts of the Building Act or newer laws about building work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309062.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules

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396: Application of sections 397 to 399, or

“These rules tell us when to use special parts of a contract, even if they're not written down.”


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398: Proceedings for breach of warranties may be taken by person who was not party to contract for building work, or

“You can complain about bad building work even if you didn't hire the builder yourself.”

Part 5 Miscellaneous provisions
Miscellaneous: Implied terms of contracts

397Implied warranties for building work in relation to household units (Repealed)

    Notes
    • Section 397: repealed (but continuing to apply, as if it had not been repealed, to contracts entered into on or after 30 November 2004 but before 1 January 2015), on , by section 66(1) of the Building Amendment Act 2013 (2013 No 100).