What is section 362H disclosure and what should it say?
Short answer
Section 362H of the Building Act 2004 requires a residential builder to give you a written 'disclosure document' before you sign the contract. It must cover the builder's licence, dispute resolution, insurance, and the basic terms. If you don't get one, the contract can be challenged. Most homeowners never see this — but it's mandatory for residential work over $60,000.
Source: Building Act 2004, section 362H. Updated May 2026.
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- Mandatory for residential building work over $60,000
- Must be given before the contract is signed
- Includes: licence info, insurance, dispute path, defects period, warranty info
- Missing or incorrect disclosure is grounds to dispute the contract
- Set out in the Building (Residential Consumer Rights and Remedies) Regulations 2014
What the disclosure must include
The Regulations spell out the exact content: the builder's name, LBP details, registration as Master Builder or Certified Builder, any insurance the builder holds, the dispute resolution mechanism the contract uses, a description of the implied warranties, and a statement of the homeowner's rights.
It's typically given as a one or two page 'Consumer Information Sheet' (a name some builders use). The legal status is the same: it has to be in writing, before signing.
What to check on yours
Compare the LBP number against the lbp.govt.nz lookup. Check the company name and number against the Companies Office. If insurance is claimed, ask for the certificate of currency. Note any 'dispute resolution' the builder lists — if it's an in-house panel, you usually still have the right to go to the Disputes Tribunal or BDT regardless.
What to do if you didn't get one
Ask now in writing. Most builders will provide it — they're required to. If they refuse, the contract is exposed. Take advice before paying anything further.
If you've already finished the build and discover the disclosure was missing or wrong, that's a defence to a payment claim and may be a route to compensation. Talk to a construction lawyer.
Knowing the rules is half the job. The other half is knowing who you're hiring. Check any NZ builder against the public record: company status, licensing and insolvency notices, from the official NZ sources.
Related questions
Sources: Building Act 2004, section 362H; Building (Residential Consumer Rights and Remedies) Regulations 2014. 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.