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Building Act 2004

Consumer rights and remedies in relation to residential building work - Minimum requirements for residential building contract

362F: Minimum requirements for residential building contract over certain value

You could also call this:

“The law says building agreements for big projects must be written down and follow certain rules.”

If you are getting building work done and the cost is above a certain amount set by the government, you need to follow some special rules. Your contract with the builder must be written down, not just agreed to by talking. You also need to put the date on the contract. The government might have made some other rules about what needs to be in the contract, and you have to follow those too.

The builder is not allowed to start work unless all these things are done properly. If a builder tries to work without a proper written contract, they are breaking the law. They could get in trouble and might have to pay a fine of up to $2,000.

These rules are there to protect you and make sure everything is clear before the building work starts. If you want to know more about what needs to be in the contract, you can look at section 362G of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6371124.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
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362E: Purpose of regulations under section 362D, or

“These rules help make sure you know important things about the builder before they start working on your house.”

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362G: Regulations may prescribe content, etc of residential building contract, or

“Rules can say what must be in a house-building agreement to make sure it's fair for everyone.”

Part 4A Consumer rights and remedies in relation to residential building work
Minimum requirements for residential building contract

362FMinimum requirements for residential building contract over certain value

  1. This section applies to a residential building contract if the price for the building work is not less than the prescribed minimum price (if any).

  2. A residential building contract to which this section applies must—

  3. be in writing; and
    1. be dated; and
      1. comply with regulations (if any) made under section 362G.

        1. A building contractor must not enter into a residential building contract to which this section applies unless the requirements of subsection (2) have been complied with.

        2. A person who contravenes subsection (3) by entering into an unwritten contract commits an infringement offence and is liable to a fine not exceeding $2,000.

        Notes
        • Section 362F: inserted, on , by section 56 of the Building Amendment Act 2013 (2013 No 100).