Property guidance by Quay Law
Unit title guidance from Quay Law
Ian Mellett, Barrister and Solicitor, Quay Law
When you buy a freehold house, its condition is largely your own concern. When you buy a unit title, the condition of the whole building becomes your concern too, because the cost of repairing it is shared among the owners.
A problem with the roof, cladding or structure of an apartment building affects every unit. Even if your own apartment is in excellent order, you will contribute to the cost of major repairs through levies or special levies. The building’s condition also affects insurance, lending and resale value for everyone in it.
Since May 2023, the pre contract disclosure statement must include information about weathertightness issues, earthquake prone issues and other significant defects known to the body corporate. This is a substantial improvement.
However, disclosure depends on what the body corporate knows. It is not a building inspection, and it does not guarantee that a building is free of defects. Independent investigation remains important.
Our guides cover each area in more detail:
How weathertightness issues affect Auckland apartments and townhouses, what must be disclosed, and what to check before buying in an affected building.
What a body corporate must insure, what owners need to insure themselves, how excesses work and what buyers should check before purchasing a unit title.
How building warrants of fitness, compliance schedules, code compliance certificates and LIM reports help unit title buyers assess a building.
We review the building information in the disclosure bundle alongside your inspection report, so that you understand the building as well as the unit.
If you are buying or selling a unit title property in Auckland, we recommend speaking with us before you sign an agreement. Contact Ian Mellett at Quay Law, Barrister and Solicitor, by completing our enquiry form below, or call us on 09 523 2408.
The information on this page is provided for general information purposes only and is not legal advice. Every transaction is different, and all matters should be discussed with the team at Quay Law.