Property guidance by Quay Law
Property guidance by Quay Law
Unit title guidance from Quay Law
Ian Mellett, Barrister and Solicitor, Quay Law
Council records and compliance documents provide an independent view of a building’s history. For unit title buyers, they complement the body corporate disclosure and help identify matters the disclosure may not reveal.
Under the Building Act 2004, buildings with certain specified systems, such as lifts, fire alarms, sprinklers, emergency lighting and mechanical ventilation, must have a compliance schedule. The schedule lists those systems and the inspection and maintenance required to keep them working.
Many apartment buildings have compliance schedules. Smaller townhouse developments often do not.
Where a building has a compliance schedule, the owner must provide the council with a building warrant of fitness each year, confirming that the required inspections and maintenance have been carried out. A copy must be displayed in the building.
In a unit title development, the body corporate is responsible for this. A missing or overdue warrant of fitness may indicate wider administrative or maintenance problems.
A code compliance certificate confirms that building work carried out under a building consent was completed in accordance with that consent. Buyers should check that certificates have been issued for the original construction and for any significant later work, including remediation.
A Land Information Memorandum is a report from the council setting out information it holds about a property, including consents, notices, hazards and zoning. For unit titles, a LIM generally relates to the whole development, so it can reveal matters affecting the building as well as the unit.
A LIM is only as complete as the council’s records. It does not replace a building inspection or a review of the body corporate records.
The property file contains the plans, consents, inspection records and correspondence the council holds for the building. For older or remediated buildings, it can be a valuable source of detail.
How building condition affects every unit title owner, what disclosure does and does not tell you, and which reports to obtain before you buy.
What to check before buying an apartment or townhouse on a unit title: the title, disclosure, minutes, finances, maintenance plan, insurance and building.
How weathertightness issues affect Auckland apartments and townhouses, what must be disclosed, and what to check before buying in an affected building.
We review the LIM and compliance information alongside the body corporate disclosure, so that the two sources can be checked against each other.
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.