Weathertight Issues: Identification and Options

MBIE says that from the mid-1990s, some houses were built in a way that did not withstand weather conditions and did not comply with the Building Code. When water gets behind certain cladding types and there is no drainage and ventilation between the cladding and framework, moisture can become trapped and fungal growth or rot can increase.

If you own or are considering a home with possible weathertightness issues, treat it as a technical, legal and financial due-diligence matter. Use specialist building advice, council records and legal advice before making major repair, sale or purchase decisions.

Which Homes Are Most at Risk?

While any home can develop moisture problems, MBIE lists several building features commonly associated with weathertightness issues. Their presence does not prove the home is leaky, but it highlights areas to investigate.

• Cladding and drainage details: Certain cladding types can be higher risk where water gets behind the cladding and there is inadequate drainage and ventilation.
• Roof and wall junctions: MBIE identifies roof-to-wall junctions, flat roofs and roofs with parapets as features commonly associated with weathertightness problems.
• Decks and balustrades: MBIE identifies decks over living areas, balustrade junctions and handrail fixings as areas to check.
• Flashings and penetrations: Lack of flashings to windows and penetrations, and clearances at the bottom of claddings, are MBIE-listed risk areas.
• Ground and moisture levels: MBIE also lists ground levels above interior floor level as an area to be aware of.

Construction date is only one part of the risk picture. MBIE points to houses built from the mid-1990s, but the actual risk depends on design, cladding, drainage and ventilation, flashings, maintenance, alterations, council records and any previous assessment or remediation.

Warning Signs to Watch For

MBIE says most weathertightness issues are not obvious, but there are warning signs that should prompt further investigation.

• Musty smells.
• Staining or discolouration of materials or surfaces.
• Swollen materials such as skirtings and architraves.
• Sagging ceiling linings or uneven floor surfaces.
• Mould or fungi formation on surfaces, noting MBIE says this is often due to poor ventilation.
• Stained or rotting carpet, or rusting of carpet fixings.

• Flat roofs, roofs with parapets and roof-to-wall junctions.
• Lack of flashings to windows and penetrations.
• Decks over living areas, balustrade junctions and handrail fixings.
• Clearances at the bottom of claddings.
• Corrosion of fixings such as screws and nails.
• Ground levels outside that are above interior floor level.

The absence of visible signs does not guarantee a home is weathertight. MBIE says most weathertightness issues are not obvious, so a building surveyor or qualified weathertightness inspection report is important for at-risk properties.

Getting a Professional Assessment

If you suspect weathertightness issues, or own a property with high-risk characteristics, MBIE says you may like to contact a building surveyor for an assessment and advice on next steps at your cost.

A surveyor or inspector may start with visual checks, council records, moisture readings or other non-invasive tools to identify areas of concern. Ask what the report can and cannot confirm before relying on it.

More intrusive investigation may be recommended where non-invasive checks cannot establish the extent, cause or repair scope. Any opening-up work should be planned with the right professional advice, permission, weather protection and repair strategy.

Building Performance guidance says it is best to commission an inspection and report from a building assessor qualified to undertake weathertightness inspections. Settled.govt.nz also recommends an accredited property inspector who complies with NZS 4306:2005 and has indemnity insurance.

Understanding Your Options

If assessment confirms weathertightness issues, the next step depends on the extent of damage, the cause, council and consent requirements, LBP requirements, legal advice, insurance position, finance, and your sale or ownership plans.

Major remediation may involve investigation, design, consent, restricted building work, cladding or framing repairs, drainage and ventilation details, inspections and code compliance documentation. MBIE says weathertightness remediation design guidance is primarily for designers; homeowners should rely on specialist professional advice and itemised quotes rather than generic cost ranges.

Targeted repairs may be considered where specialist assessment shows damage is limited and the cause can be addressed. Ask the surveyor, designer and contractor to document the evidence, exclusions, residual risks, consent position and maintenance obligations.

Monitoring or temporary measures may be relevant while you gather advice, finance or sale options, but they should not be presented as fixing the underlying cause unless a qualified professional confirms the scope and limitations.

Financial Assistance and Legal Options

MBIE says the deadline to bring a Weathertight Homes Resolution Services claim expired on 31 December 2021, so no new claims can be lodged. Depending on your circumstances, you may still want legal advice on any options that may be available to you.

Time limits, evidence requirements and the responsible parties can be complex. Do not assume a claim is available or unavailable from the age of the house alone; get legal advice before ruling options in or out.

For newer residential building work, MBIE says implied warranties can apply for up to 10 years, and defect or workmanship disputes may need negotiation, legal advice or court action. For older weathertightness issues, ask a lawyer experienced in building defects to assess the facts, documents, time limits and cost-risk trade-offs.

Buying a Property With Weathertight Concerns

If you are considering purchasing a property with potential weathertightness issues, review the LIM and council property file, check for claims, notices, consents and code compliance records, and commission a specialist inspection or weathertightness report. Settled.govt.nz notes a LIM will not show a weathertightness issue if the council has not been notified.

Buying a weathertightness-compromised property is a high-risk decision. Before relying on a discount or remediation plan, get legal, finance, insurance and specialist building advice, confirm consent and LBP requirements, and allow for uncertainty in scope, timing, occupation, resale and cost.