Leaky Home & Weathertightness Guide
Insight
Weathertightness issues remain one of the most significant risks in New Zealand property transactions. Homes with plaster cladding, poor detailing, complex roof lines or inadequate drainage can suffer hidden water damage, leading to expensive remediation and insurance challenges. Even properties that appear well-maintained may have underlying issues.
Many buyers only discover water-tightness problems after going unconditional or during renovations. Because legal remedies are time-limited and complex, early due diligence is critical. This guide explains common risks, how to identify them and when legal advice is necessary.
What Makes a Home High Risk?
Tip:
Ask the agent for a full cladding disclosure—even if none is offered. Many issues are glossed over in marketing materials.
Properties are considered higher-risk if they include:
- monolithic or plaster cladding systems
- flat roofs or complex rooflines
- poor eaves or insufficient weather protection
- balconies over living spaces
- timber framing without treatment
Even if no damage is visible, these design features significantly increase long-term risk and may affect lending and insurance.
The Role of Building Reports
Building inspectors can identify risk factors and signs of water ingress. Moisture readings, cladding condition, joinery details and roofing intersections all provide clues. A lawyer can explain which findings are serious and what follow-up steps are advisable before going unconditional.
Legal Remedies for Leaky Homes
Important:
Weathertight claims are subject to a 10-year longstop rule. If the work is older than 10 years, some claims may not be possible.
Legal pathways may include:
- claims against councils for inspection failures
- claims against builders, developers or designers
- claims under the Weathertight Homes Resolution Service (if eligible)
- private negotiation or settlement agreements
Strict limitation periods apply, often based on when the building work was completed and when issues were discovered. Delayed action can prevent recovery of costs.
Insurance & Lending Implications
Leaky homes present insurance complications. Policies may exclude water damage or decline cover for properties with known issues. Lenders often require confirmation that the home is weathertight or that any remediation has been properly certified. Buyers should understand these implications before committing to purchase.
Unsure about insurance or lending?
A lawyer can review reports, lender requirements and insurance exclusions before you commit.
Negotiating Price or Terms
If weathertightness risks are identified, buyers may negotiate a reduced purchase price, request remediation evidence, or seek variations to the sale agreement. Sellers may also contribute to repair costs. A lawyer helps structure negotiations to avoid future disputes.
Find a Lawyer for Weathertightness Issues
Providing building reports, LIM entries and any correspondence helps match you with lawyers who regularly advise on leaky home risks, claims and remediation disputes.
Buying a home with potential leaks?
We connect buyers and owners with lawyers experienced in water-tightness, building defects and leaky home claims.
Frequently Asked Questions
What is a leaky home?
A leaky home is a property with design or construction issues that allow water to enter, often without early detection. These defects can cause rot, mould, structural damage and expensive repairs. Many homes built from the late 1980s to mid-2000s fall into higher-risk categories.
What are signs of weathertightness issues?
Common indicators include swollen skirting boards, cracked cladding, soft or uneven flooring, mould, musty smells, bubbling paint, poor drainage, or staining around windows and doors. A building report often reveals issues not visible to buyers.
Do LIMs reveal leaky home problems?
Sometimes. LIMs may include weather-tightness risk indicators, historic building notices, or unconsented cladding changes. However, many leaky homes show no LIM red flags—making independent building reports essential.
Can you get insurance on a leaky home?
Insurance is possible, but providers may impose exclusions or require proof of remediation work. Some policies do not cover gradual water damage. A lawyer can help you understand what is and isn’t covered.
Are there legal remedies for leaky homes?
Yes. Depending on the situation, owners may pursue council claims, claims against builders or developers, Weathertight Services claims (for eligible cases), or private negotiations. Strict time limits apply, so early advice is essential.
You don’t need all the answers
Property issues can feel overwhelming — especially when you’re facing deadlines. Sharing a few details about your situation is enough for a lawyer to understand the context and guide you through the next steps.
Get Help With Leaky Home or Weathertightness Issues
Weathertightness risks can have major financial consequences. Sharing the LIM, building report and any council or body corporate documents helps match you with lawyers who regularly deal with leaky building disputes, claims and due-diligence reviews.