Claim for a Stand-alone HouseWhat criteria must be met to bring a claim for a stand-alone house?
The criteria are as follows.
1. You must own the house only the owner(s) of the house can bring a claim for a stand-alone house. Claims by trusts and companies as owners must be properly authorised.
2. The house must be used as a private residence A private residence includes a house rented to another person as a private residence. A 'time-share' house is not a private residence. A house principally used for commercial purposes is not a private residence. A house used for both residential and commercial purposes, but principally for residential purposes, will generally be considered a private residence.
3. The house 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 be the date the house 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 the house 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 are not necessarily considered as alterations.
4. The house must be or have been a leaky building. A leaky building means a house into which water has penetrated, as a result of any aspect of the:
- materials used in its construction or alteration.
This may include a house that was leaking but has now been repaired. The water must have come in from the outside, not from internal sources such as plumbing leaks.
5. The house must have been damaged by the leaking Evidence of this damage includes peeling paint, wallpaper or lino, visible presence of water, high moisture readings, musty smells, rotting wood, or staining. Provide as much detail of the damage as possible on the claim form.
See Application to bring a claim under the Weathertight Homes Resolution Services Act 2006 for more information.