what is a homeowners legal obgligation to building code requirements

Homeowner rights and obligations

Last updated: 21 March 2016

Nearly New Zealanders only contract or do meaning building work once or twice in their lifetimes - knowing their rights and obligations volition help them make informed decisions.

This data is written for homeowners, merely is too relevant to owners of commercial property when doing building piece of work.

This section gives you lot essential information almost your rights and obligations as you build or renovate. Information technology tells you what you need to do to ensure your edifice project is legal. This will help avert potentially plush mistakes or delays and ensure your property is safe, good for you and durable. Information technology too explains how the law will protect you if things don't become to plan.

Protect your rights equally a heir-apparent has important information for buyers of new and existing houses.

Make sure you understand the edifice procedure and read all the sections relevant to your project before yous start to build. These are general rights and obligations, with the full requirements set out in the Edifice Act 2004 and its regulations. If you use appropriately qualified professionals they should be able to assist you.

Stages of the building process can assist you understand a typical build.

In the planning stage

The Building Human activity and its regulations ready out the rules for building work. Other laws can touch your project, including council bylaws, the Resource Management Human activity and laws specifying that qualified professionals must do certain plumbing, gas and electrical work.

In general, the aforementioned rules apply whether you are doing the piece of work yourself or contracting someone to do information technology for yous.

It is the building possessor's responsibility to:

• apply for a building consent for proposed building piece of work, if it'south required (including construction, amending, sabotage and siteworks)
• provide the necessary data with the building consent application to confirm compliance with the Building Lawmaking
• notify the council about:
  • who will practise any restricted building work (provide the name(s) of the licensed building practitioners who will do or supervise the work)
  • any changes to the consented plans every bit you progress
  • a proposed change of employ for the building, even when it doesn't require a edifice consent
  • an extension of life for a building with a specified life
  • subdividing a holding with an existing building
  • any alterations, fifty-fifty if they don't require a building consent (alterations can trigger upgrade requirements, such as smoke detectors or insulation)
• use to the quango for a code compliance certificate on completion of work that requires a edifice consent
• ensure that the edifice has a compliance schedule where this is a requirement of the Edifice Act (for example, if you have a cable car)
• ensure inspection, maintenance and reporting procedures are carried out where required by any compliance schedule for specified systems
• maintain the building in a safe and sanitary condition at all times
• if there are concerns about building prophylactic in earthquakes, get professional engineering advice and human action on it.

How the edifice system protects yous

DIY work explains measures to ensure your own build is legal and safe.

If you are altering or irresolute the use of a edifice you must permit the council know about the modify, get their agreement and run into any requirements.

Modify of employ and alterations explains what this involves.

If you are an owner of a multi-unit of measurement or attached building you will need to have the rights of other owners into consideration in your planning of whatever build or renovation. You volition also need to be articulate nearly how you volition make decisions. There can be different championship types (for case, single title, unit title, strata championship, cross charter, fee-simple, company share).

Find more information on shared responsibilities for unit title owners.

Contracting your rights and obligations

If you are using professionals for your build, you will do good from getting at to the lowest degree one detailed fixed quote (preferably more). The person or organisation making the quote must continue to the price and build to the detail.

Tenders and quotes explains some options.

You must take a written contract for residential building work with a value of $30,000 or more (including GST). However you tin can take a contract for whatever project, regardless of the cost.

A written contract can besides be a good style to ensure you lot and your contractor sympathise your rights and obligations from the outset of the projection, so make sure your contract spells them out.

For case, your contract should include a payment schedule, a dispute resolution process and information almost who does what in the building procedure.

Earlier you agree to any organisation or sign a contract make sure you lot have seen the contractor's disclosure argument and standard checklist. This includes standard information about the edifice process and the minimum requirements of a contract.

Y'all must be given the disclosure statement and standard checklist if either:

• you enquire for them
• your residential building projection will cost $30,000 or more (including GST).

Consumer protection - disclosure and checklist

Your contract should include a payment schedule so you know what to pay, the work each payment covers and when it is due. You need to go along to the schedule or let your contractor know of whatever issues, as you are legally obliged to pay the coin as scheduled.

Recall y'all have no obligation to sign a contract put in front of you. Seek legal communication and ensure it covers your needs.

Why contracts are valuable includes more than information.

Contract problems includes information nearly payment disputes.

Edifice to the rules

Whether you are doing the work yourself or hiring professionals, you are responsible every bit the property owner for ensuring the work meets the relevant requirements.

All edifice piece of work in New Zealand must meet the requirements of the Building Lawmaking, even if it doesn't require a edifice consent.

In most cases you lot will need to go a edifice consent. This is an obligation in itself and the building consent application process should highlight any other legal obligations you need to meet.

Talk to your council at any stage to become a meliorate understanding of your specific obligations. Yous can also have a look at the council's file on your holding, get a State Information Memorandum (LIM) or a Project Data Memorandum (PIM) for a fee.

Bank check if y'all need consents includes information about exempt work.

Your architect, architect or project manager might accept on the role of obtaining the edifice consent but it is your responsibility, every bit the building possessor, to ensure it is done. Yous can't contract out of this obligation, merely you can get someone to practise information technology on your behalf.

It is important that you, your builder and tradespeople also build to the approved building consent. The property owner is responsible for ensuring the build happens every bit set out in the edifice consent, fifty-fifty if y'all rely on the main contractor to ensure this happens.

This includes making sure:

• council inspections occur as gear up out in the building consent
• work is carried out by people with the appropriate qualification (for instance, gas, electrical or restricted edifice work)
• you lot advise the quango of any changes to the consented plans and carry out whatsoever related requirements (variations or amendments)
• any 'detect to fix' is acted on and the piece of work re-inspected (if the council identifies work that does non come across the Building Lawmaking requirements or contravenes the Building Human activity)
• you pay all required council fees
• y'all utilize for quango sign-off of the build (called a code compliance certificate).

Build to the consent provides more than detail.

If a building owner fails to meet their responsibilities, councils can outcome fines and penalties. There could exist an initial fine, and farther fines for every solar day the offence continues.

You also need to ensure your master contractor has a health and safe plan in place so people working on or visiting the site are not harmed.

Health and safety on site

When work requires a licensed professional person

Some parts of a residential build will probably require people with specific skills. This is especially the example where the piece of work will directly touch on the safety of occupants or the durability of the finished edifice. You also need to ensure you apply appropriately licensed professionals to do certain pattern piece of work. This protects you lot and any future owners and users of the building.

A licensed building practitioner (LBP) must practice whatsoever work essential to construction or weathertightness (chosen restricted building work). Yous will need to let the council know who any LBPs are, preferably in your building consent application.

Your LBP must too provide you with documentation virtually the piece of work they have done or supervised. It's called a Tape of Work or a Certificate of Work and you'll need it to go the piece of work signed-off by the council at the finish of the build.

Some building professionals are able to do or supervise some restricted building work considering of their qualifications. For example, architects, engineers, electric workers, plumbers, gasfitters and drainlayers.

Restricted building work explains the requirements.

Possessor-builder obligations is about DIY and restricted building piece of work.

Cheque the LBP website for more than information or to detect an LBP.

Other work requires licensed professionals just isn't called restricted building work. For instance, most gas or electrical work. The professional doing the work should give yous an energy work certificate to show the work is safety and complete. Yous volition also need this certificate if the work is part of a building projection y'all are applying for the council to sign-off (for work that requires a building consent).

Energy piece of work certificates includes links to relevant registration boards.

Get the correct people for your project explains some of the different roles.

What to practise with defects

Your principal contractor must set up whatsoever lacking building work or remedy whatsoever defective product notified to them within 12 months of the completion of the building work. After this 12 month menses your rights and obligations will depend on the contract with your edifice practitioner. You could discuss progress at milestones in the project, including the quality of the piece of work.

It should be much easier (and more time and cost constructive) for them to repair any defective piece of work or products as they become. If they wait until the cease of the project the problems may exist hidden by other edifice elements or they may be moving on to their next project.

They will need to organise the repair of anything faulty related to the build. They are also responsible for the work done by subcontractors.

How to identify defects includes our Guide to tolerances, materials and workmanship.

Consumer protection at the stop of a build (and for future owners)

At the finish of your projection, the council will only sign the work off as consummate if it has been congenital as set out in the building consent. This provides you, and any future owners, with a level of assurance that the work meets New Zealand edifice requirements.

At this point your building contractor needs to give you information about any ongoing maintenance requirements, insurance policies and guarantees or warranties related to your build. These will ensure you are able to meet any ongoing requirements to protect your investment.

Protecting your investment explains this more.

If you have problems once the build is complete there are several measures in identify to assist hold builders and tradespeople to account and go any problems fixed quickly and cheaply.

These measures should as well encourage builders and tradespeople to 'build it right commencement time' considering they will clearly be accountable for fixing their own mistakes, at their own toll.

Y'all can seek protection during or at the terminate of your projection if you lot:

• identify defects and notify your contractor in writing inside one year of the build's completion. In this case, if in that location is a dispute, it is up to the contractor to evidence they are non responsible for the defect
• place defects within x years of the completion of your project. You can actuate implied warranties that are automatically role of every residential building contract, fifty-fifty if you don't have a written contract. Nobody tin contract out of them and futurity owners may also be able to use them. Dissimilar the i yr defect period mentioned to a higher place, in this example, if there is a dispute, information technology is up to the property owner to prove the work is defective
• obtain warranties or guarantees from the builder, sub-contractor or manufacturer
• accept a problem related to:
  • payments or disputes - refer to the Construction Contracts Act
  • service (including any trade work, pattern piece of work or inspection services) - refer to the Consumer Guarantees Deed
  • beingness misled about products or services - refer to the Fair Trading Act.

Building or renovating? Know your rights describes consumer protection measures.

Resolving problems has more information and several resolution options.

Building management following a major emergency

BCA register

If a major result damages your domicile, workplace or property it may need a rapid edifice assessment. This is to ensure it is safety to enter, safe to occupy and does not risk the safety of others.

Building manager guidance post-emergency explains your rights and obligations as well as the quango process.

The Building Act introduced provisions to improve the likelihood of earthquake-prone affected buildings withstanding earthquakes.

Earthquake-decumbent buildings has more data.

Councils also develop policies on dangerous and insanitary buildings within their districts. Contact your council for their policy.

Protect your rights as a buyer

If y'all are considering buying a newly congenital household unit you should check that it has been signed off by the council equally complete (you should bank check this with other house purchases too, as explained in Buying a house).

If the seller has built the holding with the intention of selling it (called an on-seller) they cannot complete the sale or allow a purchaser to accept possession without a lawmaking compliance certificate. The simply exception is if the on-seller and purchaser sign an agreement to waive this requirement.

Get the build signed off explains sign-off responsibilities.

The LINZ website

Information about belongings owner rights, holding locations, features, boundaries and ownership.

Visit the LINZ website

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Source: https://www.building.govt.nz/getting-started/your-rights-and-obligations/homeowner-rights-and-obligations/

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