Discovering that your builder's work is substandard is stressful, but New Zealand homeowners have real protections in place. Depending on the situation, you may be able to resolve the issue directly with your builder, make a formal complaint to a licensing body, or pursue legal remedies — and in some cases, all three.
Start With Your Contract and Documentation
Before taking any action, gather your paperwork. Your building contract is the foundation of any dispute. It should outline the scope of work, materials, timeframes, and payment terms. If you don't have a written contract, you'll need to rely on quotes, emails, and text messages as evidence.
Take dated photographs of all defects and write a clear list of what you believe is substandard. Note whether the work appears to breach the NZ Building Code — for example, issues with weathertightness (Clause E2), structural integrity, or plumbing and drainage (Clauses G12/G13). If a building consent was issued, check whether a code compliance certificate (CCC) has been granted, as unconsented or non-compliant work is a serious matter.
Step 1: Raise It Directly With Your Builder
The first step is always to contact your builder in writing — email is best, as it creates a record. Clearly describe each defect, reference the relevant part of your contract or the Building Code, and give them a reasonable timeframe to respond and remedy the work. Many disputes are resolved at this stage, especially with reputable tradespeople who value their reputation.
If your builder is unresponsive or refuses to fix the issues, move to the next steps.
Step 2: Check Whether Your Builder Is Licensed
In New Zealand, certain building work must be carried out or supervised by a Licensed Building Practitioner (LBP). LBPs are licensed by MBIE and are bound by a Code of Ethics. If your builder holds an LBP licence, you have an important avenue for complaint.
You can check your builder's licence status and lodge a formal complaint through the Licensed Building Practitioners scheme. Complaints can relate to defective work, failure to follow the Building Code, or unprofessional conduct. The LBP Registrar can investigate and impose sanctions, including suspension or cancellation of a licence.
If your builder is not licensed but was required to be (for example, for restricted building work such as structural framing or weathertightness), this is itself a serious breach — report it to MBIE Building Performance.
Step 3: Contact Your Local Council
If the defective work relates to consented building work that doesn't comply with the approved plans or the Building Code, contact your local council's building department. Councils have the power to issue notices to fix, require remediation, and in serious cases, take enforcement action. This is particularly important for structural, weathertightness, or health and safety issues.
Always confirm with your council what steps apply to your specific situation, as processes can vary.
Step 4: Use the Disputes Tribunal or Courts
For financial disputes — such as paying for work that was never completed properly — the Disputes Tribunal (formerly the Small Claims Tribunal) can hear claims up to $30,000, or up to $100,000 if both parties agree. It's a relatively affordable and accessible process. For larger claims, you may need to engage a lawyer and pursue the matter through the District or High Court.
Consumer NZ has useful guidance on your rights under the Consumer Guarantees Act 1993, which requires that services be carried out with reasonable care and skill. The Contract and Commercial Law Act 2017 may also be relevant.
Step 5: Check for Insurance or Warranty Cover
Some builders offer workmanship warranties or belong to industry bodies that provide dispute resolution or guarantee schemes. Ask your builder whether they hold public liability insurance or any form of construction guarantee. If your project was managed by a main contractor, they may be responsible for subcontractors' defective work.
For new builds, the 10-year weathertight guarantee under the Building Act may apply. Check with MBIE Building Performance for details on leaky building claims and the Weathertight Homes Resolution Service (WHRS), which offers an alternative to court for eligible homes.
What Counts as Substandard Work?
Not every imperfection is a legal defect. Substandard work generally means:
- Work that doesn't meet the NZ Building Code
- Work that doesn't match the agreed contract or specifications
- Work completed with poor workmanship that a competent tradesperson would not produce
- Use of incorrect or inferior materials without your agreement
For technical assessments, BRANZ (Building Research Association of NZ) publishes guidance on acceptable building standards and can be a useful reference.
When to Call a Professional
If defects are significant — particularly anything structural, weathertightness-related, or involving plumbing or electrical work — get an independent building inspector or registered engineer to assess the work and provide a written report. This report will be invaluable if you proceed to a formal complaint or legal action. You can find qualified local builders and inspectors on tradedirectory.co.nz.
For electrical defects, contact the Electrical Workers Registration Board, and for plumbing or drainage issues, contact the Plumbers Gasfitters & Drainlayers Board, as these are restricted trades with their own licensing and complaints processes.
Sources & Further Reading
- MBIE Building Performance — Building Code and homeowner rights
- Licensed Building Practitioners — Check a licence or make a complaint
- Consumer NZ — Your rights with tradespeople
- BRANZ — Building standards and research
- WorkSafe NZ — Health and safety on building sites
- Standards NZ — NZ Building Standards
Registered Master Builder
Licensed Building Practitioner (LBP)
