What is a statutory warranty period for building work in NZ?
Short answer
Section 362Q of the Building Act gives homeowners a 12-month statutory warranty period from completion — the builder must remedy any defect you notify them about within 12 months at no cost to you. On top of that, section 393 sets a 10-year long-stop for any civil claim related to building work. Master Build Guarantee and Halo policies extend cover further. A 2024 Supreme Court decision created a narrow 2-year contribution exception to the 10-year long-stop.
Key facts
- 12 months — statutory warranty under s362Q
- 10 years — long-stop under s393
- Narrow 2-year contribution carve-out (Supreme Court 2024 BNZ v WCC)
- Defects must be notified in writing within the 12-month window
- Builder has reasonable time to inspect and remedy
How the 12 months works
Clock starts at substantial completion of the work (commonly CCC issue). Within 12 months, notify any defect in writing — email is fine. Builder must remedy.
Outside 12 months but inside 10 years, you can still claim — but the burden is on you to show the builder breached the implied warranties. Inside 12 months, it's almost a presumption.
The 10-year long-stop and the carve-out
Section 393: civil claims relating to building work must be filed within 10 years of the act or omission. After that, time-barred — even if you discover the problem later.
Supreme Court BNZ v Wellington City Council (2024): an exception for contribution claims — where one defendant pays out and seeks contribution from co-defendants, the 2-year limitation period for contribution starts from when they pay, not from the original work. Narrow but real.
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Related questions
Sources: Building Act 2004 sections 362Q and 393; BNZ v Wellington City Council [2024] NZSC. General information for NZ homeowners, not legal advice — building rules change and vary by council, so confirm critical details on the official source before acting. Last updated 2026-05.