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Building Act 2004

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

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

You could also call this:

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

The government can make rules about what must be in a residential building contract. These rules can say what information the contract needs to have, what types of clauses it should include, and even specific words that must be used.

The rules might cover things like who the people in the contract are, how to solve problems, how to change the contract, when the work should be done, and how payments will be made.

If you don’t have a written contract when you should, or if your contract is missing something important, the rules can add in some standard clauses to your agreement. This happens even if you and the builder agreed to something different.

These rules are there to protect you and make sure all the important parts are covered in your building contract. They help make sure you know what to expect when you’re having 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=DLM6371125.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
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“The law says building agreements for big projects must be written down and follow certain rules.”

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“These rules explain when the law protects you if someone builds or sells you a home.”

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

362GRegulations may prescribe content, etc of residential building contract

  1. Regulations may be made requiring, as a minimum that must be contained in a residential building contract, all or any of the following matters:

  2. the content of the contract:
    1. categories or types of information:
      1. specified information:
        1. categories or types of clauses or terms:
          1. specified clauses or terms.

            1. For the purposes of subsection (1) and without limitation to the matters set out in the following paragraphs, the regulations may require, as matters that must be contained in a residential building contract, matters relating to—

            2. the parties:
              1. dispute resolution:
                1. the process for varying the contract:
                  1. the timeframe for performing the contract:
                    1. the payment process.

                      1. The regulations may,—

                      2. if there is no written contract as required by section 362F(2)(a), stipulate that 1 or more prescribed specified clauses (if any) are taken to be included in the contract; and
                        1. if there is a written contract but it does not include a matter specified by the regulations, stipulate that 1 or more prescribed specified clauses (if any) are taken to be included in the contract.

                          1. Subsection (3) applies despite any provision to the contrary in any agreement or contract.

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