What to do about a builder's defective work (NZ)
The work is done — but it's faulty, and the builder is dragging their feet or refusing to put it right. New Zealand law is actually on your side here, with some of the strongest protections in the whole building process.
In short
Notify the builder of the defects in writing. If they appear within 12 months of completion, the builder must fix them under the Building Act unless they can prove the fault isn't theirs. Implied warranties also let you take action for poor workmanship for up to 10 years. If they still won't fix it, you can engage another tradesperson and recover the cost, or claim through the Disputes Tribunal.
Step by step
- 1
Document the defects
Take dated photos and, for anything significant, get an independent builder or building inspector's written assessment of what's wrong.
- 2
Notify in writing within 12 months
If you report defects in writing within 12 months of the work being completed, the builder must remedy them unless they can prove the defect isn't their responsibility.
- 3
Cite your warranties
Beyond the 12-month rule, the Building Act's implied warranties require work to be done properly and to comply with the Building Code — and you can act on these for up to 10 years.
- 4
Give reasonable time to fix
Allow the builder a fair opportunity to put things right. Keep a record of what was agreed and any deadlines.
- 5
Escalate if they won't
If it's not resolved, you may engage another tradesperson and seek to recover the cost, claim through the Disputes Tribunal (up to $60,000), or complain to the LBP Board about the workmanship.
Your rights at a glance
- 12-month rule: defects notified in writing within a year of completion must be fixed
- Implied warranties require proper, Code-compliant work — actionable for up to 10 years
- You may recover the cost of having defects fixed by someone else
- The LBP Board can act on poor workmanship by a licensed practitioner
Where to get help
Most of these situations involved a builder who already had warning signs in the public record — past court action, liquidations, or a director linked to failed companies. A 30-second check before you sign is far cheaper than any of the steps above.
Related questions
Sources: Building Performance (building.govt.nz) — implied warranties and defects; Building Act 2004, s362Q (defects within 1 year) and implied warranties. General information for NZ homeowners, not legal advice — every situation differs, so get professional advice for your circumstances. Last updated 2026-05.