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Time is running out for making a claim to the Weathertight Homes Resolution Service.
Since the early 1990s thousands of houses have been built using modern plaster systems and flush-jointed, rigid-sheet materials. Many of these houses leak because of problems with the building design and installing the claddings. In other cases materials have been used inappropriately.
Homeowners whose houses or multi-unit dwellings are less than 10 years old and are leaking and damaged can make a claim under the Weathertight Homes Resolution Services Act 2006. For many properties the 10-year time limit is just around the corner.
When does the 10 years start?
Building or alteration work on which a claim is based must have been completed within the 10 years preceding the date the claim is received by Weathertight Services at the Department of Building and Housing.
Completion date is the date the house or building was habitable or the alterations were fit to be used. The date of a Code of Compliance Certificate will not necessarily be accepted as the date of completion - it could have been issued long after work was finished. You may be required to provide evidence of when the house was habitable - for example, when the power was connected for domestic purposes.
Alterations must have changed or modified the original house design or materials. Home maintenance and minor repairs are unlikely to be considered alterations. If you suspect or have discovered a leaky-home problem, and the building or alteration is still within the 10-year period from completion, you should take immediate action.
If you know about a problem but don't take remedial action, the Weathertight Homes Tribunal or a court may decide you've contributed to the extent of the problem.
What to do
ConsumerBuild's section on leaky buildings provides a list of risk factors and a checklist of what to watch out for in an at-risk home. Owners of at-risk buildings should have them professionally inspected to ensure there are no leaks in the external cladding.
Finding an appropriate inspection service is not always straightforward (see Consumer NZ articles on Leaky-home experts and Pre-purchase house inspections for advice).
If you suspect that you own a leaky home, you can apply to Weathertight Services for a full assessment ($500 for a standalone house, $1000 for a 2-unit complex, $1500 for a multi-unit complex).
There's no charge for a report to determine eligibility to use the service - for example, if you wish to proceed with repairs first. If your claim is eligible you can go to adjudication, which includes the opportunity for mediation. Claims under $20,000 must first go through negotiation and mediation.
Alternatively, you could undertake private mediation or initiate your own court proceedings.
Making a claim
To make a claim:
- you must be the owner and the dwelling or building must be principally residential
- the dwelling or building must have been built or altered within the 10 years immediately preceding the date of lodging the claim
- leaking must have occurred (water entering from the outside)
- damage must have occurred as a result of that leaking.
The importance of maintenance
Leak-prone claddings are not "no-maintenance". Regularly check for any signs of cracks in the cladding or paint, and separation of the sealant joints.
Painting monolithic claddings is not recommended for the average DIYer. We recommend you use an experienced tradesperson to do the job. If you're going to do it yourself, the distributor of the cladding should be consulted about the best maintenance programme and products.
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