Plain language law

New Zealand law explained for everyone

Building Act 2004

Miscellaneous provisions - Miscellaneous - Implied terms of contracts

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

You could also call this:

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

This part of the law is no longer active. It used to talk about who could take legal action if there was a problem with building work, even if they weren’t the person who originally made the agreement for the work. The rule applied to agreements made between 30 November 2004 and 31 December 2014. Even though it’s not part of the current law, it still applies to agreements made during that time period.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309063.

Topics:

Housing and property > Home safety and repairs

Business > Industry rules

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

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

399: Person may not give away benefit of warranties, or

“You can't give up your right to have things fixed if they go wrong.”

Part 5 Miscellaneous provisions
Miscellaneous: Implied terms of contracts

398Proceedings for breach of warranties may be taken by person who was not party to contract for building work (Repealed)

Notes

Section 398: repealed (but continuing to apply, as if it had not been repealed, to contracts entered into on or after 30 November 2004 but before 1 January 2015), on 1 January 2015, by section 66(1) of the Building Amendment Act 2013 (2013 No 100).