If scaffolding causes damage to your property — whether it's a collapsed section, a scratch on your cladding, or a broken fence — the responsibility generally lies with the scaffolding company, the main contractor, or both. However, working out exactly who is liable depends on who erected the scaffold, what contracts are in place, and whether proper insurance is held. Understanding your rights before work starts is the best way to protect yourself.
Who Typically Carries Liability?
In most NZ residential projects, there are two parties who could be held responsible:
- The scaffolding company – If a specialist scaffolding subcontractor erected the structure and it fails or causes damage, they are usually the primary liable party. They should hold their own public liability insurance.
- The main contractor – If a builder or project manager engaged the scaffolder on your behalf, they may also carry responsibility, particularly if they were overseeing the work. A reputable main contractor will have their own public liability cover.
In some cases — for example, if you hired the scaffolding company directly — you are dealing with them alone, which makes it even more important to check their credentials and insurance upfront.
The Role of Insurance
Public liability insurance is the key policy to ask about. It covers third-party property damage caused by a tradesperson's work. Before any scaffolding goes up on or near your home, ask the scaffolding company and/or main contractor to confirm:
- That they hold current public liability insurance (typically a minimum of $1 million cover, though many hold more)
- The name of their insurer and policy number
- Whether their policy covers subcontractors they engage
You should also check your own home and contents insurance policy. Some policies include accidental damage cover that may apply while tradespeople are working on your property, and your insurer may be able to pursue the at-fault party on your behalf through a process called subrogation.
What If the Scaffolding Is on a Neighbour's Property?
Sometimes scaffolding is erected on an adjacent property or overhangs a boundary. If that scaffolding damages your fence, garden, or structure, the same principles apply — the scaffolding company and/or the person who commissioned the work are responsible. You have the right to raise a claim against them even if you weren't the one who hired them.
NZ Legal Framework
In New Zealand, the Consumer Guarantees Act 1993 and the Contract and Commercial Law Act 2017 provide protections when services are not carried out with reasonable care and skill. If damage results from poor workmanship or a failure to follow safe practices, you may have grounds for a claim under these laws.
WorkSafe NZ also sets out health and safety obligations for scaffolding work under the Health and Safety at Work Act 2015. Scaffolding over 5 metres in height is considered restricted work and must be erected, altered, or dismantled by a certified scaffolder (holding a relevant unit standards certificate). Failure to use a certified scaffolder where required is not only a safety risk — it can also complicate insurance claims.
For building work that requires a building consent, the MBIE Building Performance website outlines the responsibilities of licensed building practitioners and how the building consent process works. Always confirm with your local council whether consent is required for your project.
Steps to Take If Damage Occurs
- Document everything immediately. Take dated photos and video of all damage before anything is moved or repaired.
- Notify the scaffolding company and/or main contractor in writing (email is fine) as soon as possible. Keep copies of all correspondence.
- Contact your own insurer to report the incident and ask for guidance, even if you believe the other party is at fault.
- Get independent repair quotes from qualified tradespeople so you have a clear dollar figure for the damage.
- Check the contract you signed (or that the main contractor signed with the scaffolder) for any clauses about liability, damage, or dispute resolution.
- If the matter is not resolved, consider contacting Consumer NZ at consumer.org.nz for advice, or seek legal guidance.
How to Protect Yourself Before Work Starts
Prevention is always better than a dispute. Before scaffolding is erected:
| Step | What to Do |
|---|---|
| Verify credentials | Ask if scaffolders are certified (especially for work at or above 5 m) |
| Confirm insurance | Request proof of current public liability insurance in writing |
| Get a written contract | Ensure it includes who is responsible for damage |
| Document existing condition | Photograph your property before work begins |
| Check your own policy | Know what your home insurance covers during building work |
When to Call a Professional
If you're planning a project that requires scaffolding, always engage a reputable, certified scaffolding company. You can find qualified local scaffolders on tradedirectory.co.nz. If a dispute arises and the scaffolding company or contractor is not responding to your damage claim, it's worth speaking with a lawyer who specialises in construction or contract law. For safety concerns about scaffolding that is currently erected, contact WorkSafe NZ directly.
