Get Your Own Building Report
Building inspection reports have become a common feature of the residential property market in New Zealand. However, in post-earthquake Christchurch, where earthquake damage can be missed or repairs done hastily, building inspection reports are vital. We are increasingly seeing properties being sold “as is where is” or sold by a vendor that did not conduct or oversee earthquake repairs. In this context it is worth noting that a mix of different reports and advice is the safest way to guard your future investment.
The recent High Court decision of Steel v Spence Consultants Limited has reaffirmed the advice that you should get your own building inspection report. Vendors selling at auction or trying to make their property look more attractive to buyers often have a building inspection report conducted in advance so they can pass this onto purchasers. In Steel the vendors commissioned a building report prior to putting their property up for auction. The purchasers at auction relied on this report in the auction package instead of requesting their own, particularly its statements regarding weathertightness which were later proven to be incorrect. The purchasers brought a claim in the High Court following settlement when weathertightness issues presented themselves and were successful at trial receiving an award of $85,000 plus interest in damages. However, they were only successful in receiving half of the damages claimed because they did not seek their own report or building advice nor did they seek clarification where comments in the report raised questions. In addition, the purchasers were unsuccessful on one of the two grounds they argued on the basis of the disclaimer included in the building inspection report.
The question this raises is, how does a prospective purchaser protect themselves when buying a property at auction or where a building inspection report is already provided?
• Seek your own building inspection report and if possible seek other professional advice regarding the state of the dwelling, particularly if you are buying in Christchurch.
• Steel has suggested that the experience and position of the purchaser is relevant, for example a first home buyer is expected to know less than an investor with several properties in their portfolio.
• Clarify the position surrounding any earthquake related repairs and seek building advice in light of the repair work conducted.
• Seek legal advice regarding the effect of any disclaimer in the building inspection report. If the report is limited in its scope, you should be asking why this is the case.
• Review the building report carefully and discuss it with whoever has conducted it. If you are unsure of the practical consequences of any comments or elements of the report then you should query these.
Ryan Keen is a Solicitor in Rowan Aspros' property team and can be reached on telephone (03) 379 4660 or email: ryan@corcoranfrench.co.nz
Poll: Should employees be able to work from home?
At the post-Cabinet press conference, the National Party asserted they want public sector staff to return to the office. This has opened a conversation about other sectors in New Zealand who have adopted working from home (WFH).
Where possible, do you think employees should be able to work from home? Vote below and share your thoughts in the comments.
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70.1% Yes
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26.8% No
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3.1% Other - I'll share below
Hero
“I was born and raised in war. To be honest, those are not good memories.
I really like Iran, and I really miss it, but I couldn’t be myself there. Even though my family didn’t like my decision, I left Iran. I promised myself that I would do whatever I can for all communities, especially for the kids, so they do not have the same experience I had.
I studied software engineering in Iran and left in 2006. I went to Malaysia and stayed in Kuala Lumpur for seven years. I was admitted to Lincoln University to do my PhD here, but unfortunately, I couldn’t afford the expenses. I requested a scholarship, but they told me I had to be there for six months first. So, I stayed in Malaysia and did my PhD in network security. In December 2013, I came to New Zealand with a work visa.
It took me a while to connect with the Iranian community here. I volunteered with the Multicultural Council, SPCA, and community patrol, and I established the Christchurch Iranian Society in 2017. Before that, I started working on Radio Toranj, the only Farsi-language radio show in New Zealand.
One of the reasons I started organizing cultural events was to showcase Iranian culture. I wanted to show people that we have delicious food, colorful dresses, traditional customs, and our own instruments. My hope was to show people that we are not what you see in the media.
I am working to involve all the communities that celebrate Nowruz, the Persian New Year, in the Nowruz festival in March 2025. We want to share this celebration not only with our community but with the public as well. It’s better when it’s shared.
I remember the first time someone from Dunedin called me and asked, Hero, can you help? Something happened, and they keep declining Iranian visa applications. When I heard that, I felt insulted. We are still human, so how can they do that?
Through this journey, I’ve learned a lot. Every single day, people with different cases call me, and I try to share my knowledge and guide them as much as I can.
I have received several awards, including the Christchurch Civic Award and an Award of Recognition for my contributions to the community during the pandemic. In 2021, I established Canterbury Kia Ora Academy, a charitable trust. Through this charity, I can help other communities as well, not just the Iranian community.”
- Hero
View more stories, or nominate someone: @humansofchch
www.humansofchch.org......
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