Claim for a stand-alone complexWhat is a stand-alone complex claim?
A stand-alone complex claim can be brought for the following unit(s) within a multi-unit complex.
- One or more units that are each separate buildings with no common areas
- All units in a separate building with no common areas
The owners of all the units in each separate building must authorise the claim to be brought and invasive testing to be carried out. If the Department becomes aware that there are common areas in the multi-unit complex that are affected, the stand-alone complex claim will be terminated, as a multi-unit complex claim would have to be made.
What criteria must be met to bring a claim?
1. The claim must be brought by the authorised representative of the owner(s) of the unit(s) to which the claim relates
- If the claim is for a separate building containing several units, the owners of all the units in that building must authorise a representative (who may be one of the owners).
- If the claim is for a single separate building containing only one unit, the owner(s) of that unit may be the representative. The authorisation to make the claim must be provided by a statutory declaration as required under the Act. A statutory declaration is a written statement signed in the presence of a lawyer, justice of the peace, notary public or other person authorised to take a statutory declaration.
Statutory declaration forms are available on the Department's website www.dbh.govt.nz It is important that the owner(s) of each unit authorise the representative as appropriate to the form of ownership. If the owner is a trust or company, the authorisation must be made according to the requirements of the trust deed or company rules.
2. The unit(s) must be used as private residences
A private residence includes a unit rented to another person as a private residence A 'time-share' unit is not a private residence. A unit principally used for commercial purposes is not a private residence. A unit used for both residential and commercial purposes, but principally for residential purposes, will generally be considered a private residence.
3. The unit(s) must have been built or altered within the last 10 years
Building or alteration work giving rise to the claim must have been completed within the 10 years immediately preceding the date your application is received by The Department. The date built or altered will generally be taken to mean the date the unit was capable of meeting the consent requirements under the Building Code, or failing evidence of that, when the house was habitable or the alterations were fit to be used. The date a code compliance certificate was issued will not necessarily be accepted as the built date. You may be required to provide further proof of the date a unit was habitable, for example, when the power was connected.
Generally, alterations must have changed or modified the original design or construction of the building. Home maintenance and repairs may not necessarily be considered alterations.
4. The unit(s) must be or have been a leaky building
A leaky building in a stand-alone complex includes a unit into which water has penetrated as a result of any aspect of the:
- materials used in its construction or alteration.