Building Act 2004

Consumer rights and remedies in relation to residential building work - Preliminary provisions

362A: Outline of this Part

You could also call this:

“This part explains how the law keeps people safe when they're getting building work done on their homes.”

This part of the law is about protecting you when you’re getting building work done on your home. It’s designed to help you, the client, in several ways:

You’ll get important information before you agree to any building work. This helps you make good decisions.

If the building work costs more than a certain amount, there are rules about what needs to be in the contract. This makes sure the contract is fair.

The law adds some promises to your contract automatically. These are called warranties. They’re there to protect you.

If the builder breaks these promises, you have ways to fix the problem.

If you find problems with the building work within one year after it’s finished, the builder has to fix them.

When the work is done, the builder has to give you some important information and documents about the work.

All of these rules are there to make sure you’re treated fairly when you’re getting building work done on your home.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6371108.

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

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362: Status of rules, or

“These rules used to be important but they don't apply anymore”


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362B: Meaning of building work and residential building contract, or

“This explains what counts as building work and house building contracts in simple words.”

Part 4A Consumer rights and remedies in relation to residential building work
Preliminary provisions

362AOutline of this Part

  1. This Part protects consumers (referred to in this Part as clients) in relation to residential building work by—

  2. requiring certain information to be provided before a residential building contract is entered into; and
    1. prescribing minimum requirements for residential building contracts over a certain value; and
      1. implying warranties into residential building contracts; and
        1. providing remedies for breach of the implied warranties; and
          1. requiring defective building work under a residential building contract to be remedied if notified within 1 year of completion; and
            1. requiring certain information and documentation to be provided on completion of building work under a residential building contract.
              Notes
              • Section 362A: inserted, on , by section 56 of the Building Amendment Act 2013 (2013 No 100).