The 9 implied warranties every NZ residential job carries by law

Section 362I of the Building Act 2004 puts nine warranties into every residential building contract automatically, and you can't sign them away.

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The implied warranties are nine promises the Building Act 2004 writes into every residential building contract for you, whether or not you’ve put anything in writing. As a builder you carry them on every job, so it pays to know exactly what you’re on the hook for.

Where they come from

These warranties sit in section 362I of the Building Act 2004. They apply to ALL residential contracts even without a written contract, and they cannot be contracted out of.

The 9 implied warranties

Under s362I, you warrant that:

(a) Work will be carried out in accordance with the plans, specifications, and other documents on which the building consent was granted.
(b) Work will be done in a proper and competent manner.
(c) Materials supplied will be suitable for their purpose.
(d) Materials supplied will be new unless otherwise specified.
(e) Work will comply with all laws, regulations, and standards (including the Building Code).
(f) Work will be carried out with reasonable skill and care.
(g) Work will be completed by the date specified in the contract (or within a reasonable time).
(h) Building will be fit for occupation on completion if it was intended to be used as a household unit.
(i) Building will be reasonably fit for any particular purpose the owner notified the builder of.

Why these matter

The implied warranties apply automatically — they can’t be excluded by the contract. Builders sometimes attempt to write “no warranty given” into a quote; that clause is void under s362I.

Plain-English guide, not advice. This page helps you understand and navigate the rules — it is general information, not design, engineering or consent advice, and it does not reproduce the copyrighted tables of NZS 3604 or any Standard. Always check the current Standard or Acceptable Solution and your BCA, and use a suitably qualified LBP, engineer or QS where it matters.

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Common questions

Do the implied warranties apply if there's no written contract?

Yes. The 9 implied warranties under section 362I of the Building Act 2004 apply to all residential contracts even without a written contract.

Can I contract out of the implied warranties?

No. They cannot be contracted out of. Builders sometimes try to write “no warranty given” into a quote, but that clause is void under s362I.

Do the materials I supply have to be new?

Under warranty (d), materials supplied will be new unless otherwise specified. If you're using anything other than new materials, it needs to be specified.

What do the warranties say about finishing on time?

Warranty (g) means work will be completed by the date specified in the contract, or within a reasonable time if no date is set.

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