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Building Act 2004

Consumer rights and remedies in relation to residential building work - Implied warranties

362I: Implied warranties for building work in relation to household units

You could also call this:

"Automatic promises when hiring someone to do building work on your home"

Illustration for Building Act 2004

When you hire someone to do building work on your household unit, there are some promises that are automatically part of the contract. You are promised that the work will be done properly and competently. The work must be done according to the plans and specifications in the contract. You are also promised that the materials used will be suitable for the job. These materials will be new, unless the contract says otherwise. The work must be done in accordance with all laws and regulations, including the Building Act 2004. You are promised that the work will be done with care and skill, and finished on time. If you are going to live in the unit when the work is finished, it must be safe and suitable for you to occupy. If you told the person doing the work what you wanted to achieve, they must make sure the work and materials are suitable for that purpose. These promises are part of the contract, even if the contract says something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6371129.

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Topics:
Housing and property > Home safety and repairsHousing and property > Buying and selling homesMoney and consumer rights > Consumer protection
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362H: When provisions relating to implied warranties apply, or

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362J: Proceedings for breach of warranties may be taken by non-party to contract, or

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Part 4AConsumer rights and remedies in relation to residential building work
Implied warranties

362IImplied warranties for building work in relation to household units

  1. In every contract to which this section applies, the following warranties about building work to be carried out under the contract are implied and are taken to form part of the contract:

  2. that the building work will be carried out—
    1. in a proper and competent manner; and
      1. in accordance with the plans and specifications set out in the contract or, in the case of a non-consented small stand-alone dwelling, in accordance with the final design plans; and
        1. in accordance with the relevant building consent (if any):
        2. that all building products to be supplied for use in the building work—
          1. will be suitable for the purpose for which they will be used; and
            1. unless otherwise stated in the contract, will be new:
            2. that the building work will be carried out in accordance with, and will comply with, all laws and legal requirements, including, without limitation, this Act and the regulations:
              1. that the building work will—
                1. be carried out with reasonable care and skill; and
                  1. be completed by the date (or within the period) specified in the contract or, if no date or period is specified, within a reasonable time:
                  2. that the household unit, if it is to be occupied on completion of building work, will be suitable for occupation on completion of that building work:
                    1. if the contract states the particular purpose for which the building work is required, or the result that the owner wishes the building work to achieve, so as to show that the owner relies on the skill and judgement of the other party to the contract, that the building work and any building products used in carrying out the building work will—
                      1. be reasonably fit for that purpose; or
                        1. be of such a nature and quality that they might reasonably be expected to achieve that result.

                        2. Subsection (1) has effect despite any provision to the contrary in any contract or agreement, and despite any provision of any other enactment or rule of law.

                        Notes
                        • Section 362I: inserted, on , by section 56 of the Building Amendment Act 2013 (2013 No 100).
                        • Section 362I(1)(a)(ii): amended, on , by section 22 of the Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025 (2025 No 59).
                        • Section 362I(1)(a)(iii): amended, on , by section 79(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                        • Section 362I(1)(b): amended, on , by section 79(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                        • Section 362I(1)(f): amended, on , by section 79(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).