Bringing a claim frequently asked questions
On this page
- How do I know if I am eligible to bring a claim?
- Do I have to apply by a certain date?
- Do I have to pay to apply?
- Confidentiality?
- How can I claim for an apartment complex?
- Does a claimant need to appoint an agent or representative?
- What is damage?
- Should I apply if I suspect my home is leaking but there is no visible damage?
- How accurately do I need to show when my dwellinghouse was built or altered on the claim form?
- Do I need to have an estimate of the cost of repairs?
- What if I have health and/or safety concerns about my dwellinghouse?
- Should I have work done to fix any damage?
- What happens after I send in my claim form?
- Are there other options for having my leaky home fixed?
- How long will it take homeowners to get the financial assistance?
- How does this new package fit with the existing disputes and resolution process?
- Who would be eligible for assistance?
- What if my home was signed off by a private certifier?
- How many households are going to take this up?
- Do we have any information about how many people are estimated to be living in leaky homes who can't afford to sell or borrow money to fix?
- When will claimants get their money?
- What happens if the bank turns down the claimant’s loan application?
- What about investors who own leaky homes? Will they be treated the same as homeowner/occupiers?
- When will building consent authorities get involved in the repair process?
- I’ve already lodged a claim through the Tribunal but now want to switch to financial assistance – can I do that?
How do I know if I am eligible to bring a claim?
You may be entitled to bring a claim if:
- you are the owner(s) of the house*
- the house or units claimed for are used principally for residential purposes (rental properties are permitted but not time-share or commercial properties within a multi-unit complex)
- the house or complex (and/or common areas for multi-unit claims) was built or altered within the 10 years immediately preceding the date of lodging the claim
- the house or complex is or has been leaking (water is entering from outside)
- the house or complex is damaged as a result of the leaks.
Once your house or complex has been investigated by a weathertight assessor, the Chief Executive of the Department of Building and Housing will make a decision on whether your claim is eligible to proceed to the resolution stage.
Do I have to apply by a certain date?
A homeowner's claim will only be eligible if their dwellinghouse was built, or underwent alterations giving rise to the claim, within the period of 10 years immediately preceding the date of their application to the Department. Documentary evidence of the date the dwellinghouse was built or altered is especially critical in instances where the 10-year period has almost expired. Examples of documentary evidence include local territorial authority building records, or a record of when utilities such as water, gas, electricity and sewage were first connected to the property.
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Do I have to pay to apply?
No. Provided that it appears that your claim meets, or is capable of meeting, the eligibility criteria set out in the Weathertight Homes Resolution Service Act, your claim will be accepted without a fee being paid. You will then need to choose which assessor’s report to obtain. The eligibility assessor’s report is free of charge. A full assessor’s report costs $511.11 (including GST) for a stand-alone house or single unit, $1022.22 (including GST) for a multi-unit complex duplex (2 units) or $1533.33 (including GST) for a multi-unit complex. See Types of assessment.
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Confidentiality?
We are required under the Weathertight Homes Resolution Service Act to notify the local council (territorial authority) when a claimant brings a claim, when it is decided to be eligible or ineligible, and when it is resolved or closed. The council is required to record this notification in its property file on the house, which is publicly accessible.
By applying for a building consent for the repair work, the claimant will make the council aware that repairs are starting. The council will inspect the repairs and, if the repairs comply with the Building Code, issue a Code Compliance Certificate. This forms an official record that the house has been fixed.
Members of the public can get certain information about a claim from the council. For example, someone who is thinking of buying a house or unit can get a land information memorandum (LIM) on the house or complex. Most claim information held by Weathertight Services is also subject to the Official Information Act 1982. If we receive a request for information, it is assessed according to that Act and we may have to release information about a claim.
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How can I claim for an apartment complex?
The Weathertight Homes Resolution Service Act 2006 takes a ‘whole of building’ and ‘class action’ approach to claims for units in multi-unit complexes (units held under unit title, company share license or cross-lease title).
These complexes can make one claim, get one assessment report and undertake one resolution process for the whole complex, including any common property. This allows all the weathertightness issues in that complex to be dealt with at the same time.
Refer to the section on claims for multi-unit complexes for specific details.
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Does a claimant need to appoint an agent or representative?
Claimants with stand-alone houses may choose to appoint an agent or representative to handle their claim. If a claimant appoints an agent, the agent can sign documents and make binding decisions on their behalf. If a claimant appoints a representative the representative can perform only the administrative functions associated with the claim.
If the owners in a multi-unit complex decide they want to bring a claim under the Weathertight Homes Resolution Service Act, they must authorise a representative to bring it on their behalf. There is one claim for the whole complex. The representative then acts as the claimant, with the authority of the owners. Decisions about the claim must be made according to the Act and the rules or constitution that govern the complex. Refer to the section on claims for multi-unit complexes for specific details on representatives in multi-unit complex claims.
What is damage?
Damage is anything you can see or anything unusual that you think could be related to the dwellinghouse being a leaky building. This could include water stains, rotting carpet, and musty smells.
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Should I apply if I suspect my home is leaking but there is no visible damage?
Yes. In this situation it will be up to Weathertight Services to make an initial assessment as to whether your claim meets or is capable of meeting the criteria set out in the Weathertight Homes Resolution Service Act. Put as much detail as possible in your claim form about why you suspect your home is leaking, such as musty smells or mould. The claim will be declined if Weathertight Services considers the claim is not capable of meeting the eligibility criteria.
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How accurately do I need to show when my dwellinghouse was built or altered on the claim form?
You must give some indication of when you believe the dwellinghouse was built, or was subject to the alterations that have given rise to the claim. Your dwellinghouse must have been built or altered within the period of 10 years immediately preceding the date that your application is made to Weathertight Services in order for your claim to be eligible. The assessor will verify the date your dwellinghouse was built or altered when they complete an assessment of your house or complex.
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Do I need to have an estimate of the cost of repairs to apply?
No. However, if a builder, building surveyor or someone with a building background has given you an estimate, you should keep that information, as you may decide to use it in the resolution process. If you don’t know, it will not prevent you from bringing a claim. If you choose to receive a full assessment, the assessor will provide an estimate from a quantity surveyor in their report.
What if I have health and/or safety concerns about my dwellinghouse?
If the occupants of your house suffer health problems after exposure to moulds, you may wish to contact your GP for a medical assessment.
If you are concerned about the structural integrity or health risks of your dwellinghouse, contact your territorial authority (city or district council). You should also make a note of this on your claim form.
An information sheet on mould and decks is available for download, or by contacting us.
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Should I have work done to fix any damage?
There are advantages to repairing your house as early as possible. Early repair:
- prevents damage increasing
- provides an exact amount to claim (the actual cost of the repair).
If you decide to repair within the process, you should contact your claims advisor to discuss this. See the section on Repairs and maintenance.
Even if you do not take the option to repair your house, it is important to take steps to prevent as much further damage as possible. This may involve making temporary repairs to leaks, such as sealing points of water entry, as soon as you are aware of them.
It is important that you maintain your house adequately, as lack of maintenance can contribute to water getting in. If you have not undertaken normal maintenance, this can affect the settlement of your claim. You can read our information sheet on Maintenance and Repair and further information on maintenance is available from the ConsumerBuild 
website.
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What happens after I send in my claim form?
When we receive your claim form, a claims advisor will assess whether your claim is capable of meeting the eligibility criteria set out in the Weathertight Homes Resolution Services Act 2006. We will check that:
- you are the current owner of the dwellinghouse you are claiming for, or you are the appropriately authorised representative of the owner(s)
- you have listed some damage caused to your dwellinghouse by water entering from the outside
- your house has been built or had alterations that are causing the damage and water ingress within the last 10 years. (The built date is when the house was first fit for habitation.)
If further information or permission is needed, your claim will not progress until we get it. If it appears that your claim is capable of being eligible, we will appoint an expert assessor to investigate your house or complex and provide a report to us. If your claim does not appear to meet the eligibility criteria, we will send you a letter declining your application.
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Are there other options for having my leaky home fixed?
On May 17 2010, the Government announced a proposed financial assistance package to help owners repair their leaky homes. This would change the way repairs to leaky homes can be funded.
Eligible claimants would receive direct financial contributions from the Government and Territorial Authorities towards the cost of their home’s repair bill.
The Government would fund a direct contribution of 25% of an eligible homeowner’s agrred repair cost.
Territorial authorities that sign up to the financial assistance package would provide a matching contribution of 25%. The remaining portion of the repair cost (50%) would be funded by the owner, backed by a Government loan guarantee.
As of 27 May 2010, councils that have voted in favour of the package are Auckland, North Shore, Waitakere, Wellington, Christchurch, Rodney District and Manukau.
Discussions are also underway with the banks about the Government's proposed loan guarantee and how it would operate.
How long will it take homeowners to get the financial assistance?
The length of time it takes for homeowners to access the financial assistance would depend on their individual circumstances. However, the scheme has been designed to be a lot faster and less costly than disputes and litigation.
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How does this new package fit with the existing disputes and resolution process?
The existing disputes and resolution process will continue under the Weathertight Homes Resolution Services Act 2006.
The financial assistance proposal the Government has announced would be another option for owners of leaky homes to get their homes fixed.
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Who would be eligible for assistance?
The eligibility criteria for accessing the financial assistance package remains the same. That means the dwelling is used as a private residence and is up to 10 years old; there is water ingress (leaking) and the leaking has caused damage.
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What if my home was signed off by a private certifier?
Territorial authorities would not make a 'direct contribution' if they were not involved in the building work (i.e. where inspection and sign-off was done by a private building certifier). However, owners in those cases would still be eligible for Government assistance.
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How many households are going to take this up?
The Government has indicative fiscal costs based on alternative take up scenarios (50% and 70%). For 50% take-up, that would mean 11,750 dwellings. For 70% take-up, that would mean 16,450 dwellings.
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Do we have any information about how many people are estimated to be living in leaky homes who can't afford to sell or borrow money to fix?
The Department of Building and Housing estimates 20 per cent (4600) of the 23,000 homes eligible for this scheme are likely to be owned by pensioners and 5 per cent (1150) of homes are likely to be owned by people who do not to have enough income and or equity to fund repairs.
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When will claimants get their money?
Once the territorial authorities decide if they wish to participate, the Department of Building and Housing will begin working through the complex detail of the scheme. The intention is for homeowners to be able to start accessing funding in early 2011.
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What happens if the bank turns down the claimant’s loan application?
The claimant will still have the option to pursue the claim through the Weathertight Homes Tribunal or the courts.
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What about investors who own leaky homes? Will they be treated the same as homeowner/occupiers?
Investors are able to apply for the scheme in the same way as homeowners, so long as it is used as a residential property.
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When will building consent authorities get involved in the repair process?
The repair scheme process will provide for agreement on the scope of repairs before work begins. Details on how the repair process will work will be discussed with local authorities.
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I’ve already lodged a claim through the Tribunal but now want to switch to financial assistance – can I do that?
The intention is that homeowners who currently have claims in the system yet to be resolved will be able to apply for the financial assistance package.