Purchasing a Property
The Complete Guide to Buying a Property in New Zealand
Buying a home, investment, farm or commercial building is one of the biggest decisions you'll make. This guide explains, in plain English, what to check before you sign, what can go wrong, and how we protect you at every step.
Under New Zealand law the general rule is buyer beware. Once your agreement is unconditional, you usually own the property "as is" — problems and all. The work you (and we) do before you sign is what keeps you safe. Send us the draft agreement before you sign. We review the title, add the right conditions, and tailor special clauses to your property — so the agreement protects you, not just the vendor. Online quotes, online onboarding, and clear guidance by email, phone or Zoom. If you'd rather meet face to face, we're happy to see you in our offices too. We take the time to understand what you're trying to achieve — the right ownership structure, the right conditions, the right protections — and we explain everything in plain English.Your purchase, done properly
We check before you commit
Everything from home
Your objectives come first
< A few careful checks now can save you tens of thousands of dollars later. Here's what to look at — and what we look at for you. Before making an offer, the property's record of title needs to be checked. It tells you: If a council has allowed building on land at risk from natural hazards (flooding, erosion, subsidence), a notice under section 36(2) of the Building Act 1991 or section 72 of the Building Act 2004 may be recorded on the title. These notices matter because: If a notice appears on the title, you need a LIM report and usually an engineering report to understand exactly what the hazard is and how it could affect the property. We will always flag these notices for you and explain what they mean. A Land Information Memorandum (LIM) from the local council gathers together what the council knows about the property, including: Review any negative comments carefully and consider whether your insurance will cover those risks. But be aware of what a LIM doesn't do: it gives no guarantee about the condition of the buildings, and it doesn't compare the council's records against what's actually been built on the site. The council's property file (usually available to purchase online) contains the building consents, plans and inspection records for the property. Comparing this file against the actual buildings on site is the only reliable way to identify unconsented or unauthorised building work — the LIM won't do this for you. Why it matters: If inspection records or final approvals are missing, we recommend requiring the vendor to obtain a safe and sanitary report accepted by the council before settlement. If you skip this step, you could face substantial rectification costs later — and difficulty selling. Zoning rules dictate what you — and your neighbours — can do with the land. Check: Online valuation tools give a rough estimate at best — they don't account for the property's condition or recent improvements. A registered valuer's report gives you the most accurate picture, considering local market conditions and the property's specific features. Banks often require one before approving a mortgage in any case. Especially in areas prone to earthquakes, flooding or erosion, find out the property's history. You can request information about previous natural disaster claims from the Natural Hazards Commission Toka Tū Ake (naturalhazards.govt.nz). Ask the vendor or agent first, but you can also go to the Commission directly.Step 1 — Do your homework before you offer
Natural hazard notices — a serious warning sign
There are four main types of property ownership in New Zealand. Each carries different rights, responsibilities and risks — and some need much more care than others. The most common type. You own the land and buildings outright, subject only to registered interests like easements and covenants. You co-own the land with the other flat owners and lease your own flat. Alterations and title defects need special care — check the flats plan closely. You own your unit (and accessory units like car parks); the body corporate owns and manages the common areas. You automatically join the body corporate. Someone else owns the land — you buy the right to occupy it for a period, paying ground rent that is reviewed (and usually rises) over time. Freehold gives you the most freedom, but registered interests can still limit your use of the property: We check all of these on the title and explain how they affect what you want to do. With a cross lease, it is vital to compare the flats plan (the bird's-eye plan deposited when the cross lease was created) against the flat as it stands today. If the flat's external dimensions have changed since the plan was deposited — for example an enclosed, attached addition like a garage or conservatory — there may be a title defect you can requisition under the standard agreement. Changes that are not attached and enclosed and sit within the flat's exclusive use area (like decks or carports) generally can't be requisitioned. Fixing a defective cross lease title is expensive and slow: a surveyor must prepare a new flats plan, the council must consent, LINZ must approve, the old lease must be surrendered and a new one registered — with the consent of every other flat owner and their lenders, at your cost. If the vendor refuses to fix a defect, you may be able to cancel the agreement. In a unit title property, the body corporate owns and manages common areas (lifts, lobbies, driveways, gardens), insures the buildings and maintains the exterior. A well-run complex can offer a great lifestyle. A poorly run one can cost you dearly. Before you commit: The upside: leasehold properties are usually more affordable, because you're not buying the land — which can open doors in prime locations. The trade-offs: Before buying, we help you evaluate the length of the lease, how and when ground rent is reviewed, how land value is determined, whether you can ever buy the freehold, any restrictions on use, and the lessor's track record.Step 2 — Understand what you're actually buying
Freehold (fee simple)
Cross lease
Unit title
Leasehold
Why? Because alterations can create a title defect
Also check
The Agreement for Sale and Purchase isn't just paperwork — it's the rule book a court will use if something goes wrong. If a protection isn't written in, you usually can't rely on it later. Once you sign (and especially once the agreement is unconditional), you're usually buying the property "as is", subject only to what's written in the agreement and a small number of standard vendor warranties. The vendor generally has no obligation to tell you about past leaks, earthquake damage or flooding. If you rely on what the agent said informally, you may have no effective remedy. Always send us the draft agreement before you sign it. We'll check it, add the conditions you need, and draft special clauses for your particular property. That way you're not just buying a property — you're buying it on terms that genuinely protect you. We help you decide whether the purchaser should be you personally, a trust, a company or look-through company (LTC), or another structure suited to your asset protection and tax planning. As a starting point, we usually recommend recording the purchaser as "[Your name] or nominee" — keeping flexibility while we finalise the right structure with you and your accountant. Everyday issues cause real frustration when they're not spelled out. We can draft special conditions covering: Depending on the property and what your investigations reveal, we may also recommend conditions dealing with: Every property — and every purchaser — is different. The right wording is how we tailor the law to your situation.Step 3 — The agreement is your rule book
Buyer beware — in practice
Our one big ask
Risks the vendor doesn't have to disclose
A pre-purchase building inspection is one of the best few hundred dollars you'll ever spend — it can save you tens or hundreds of thousands. But a standard report has real limitations, and for some properties it simply isn't enough on its own. In New Zealand the vendor generally has no obligation to tell you about past leaks, repairs or defects. A LIM says nothing about the condition of the buildings. Serious problems — hidden rot, structural movement, failed cladding, non-compliant work — are often invisible to an untrained eye. An independent inspection is your best defence, and your lender or insurer may require one anyway. Choose an inspector who is independent (never one suggested by the agent or vendor), qualified and accredited, carries professional indemnity insurance, and inspects to the New Zealand residential property inspection standard, NZS 4306:2005. Members of the New Zealand Institute of Building Surveyors (NZIBS) or suitably accredited members of the Building Officials Institute of New Zealand (BOINZ) are a good starting point. New Zealand's "leaky building" era ran roughly from the early 1990s to the mid-2000s, driven by a combination of monolithic cladding systems, untreated kiln-dried framing timber (in widespread use from the mid-1990s), and design fashions that shed water poorly. Treat the following features as warning signs in both residential and commercial buildings: The core risk era. Homes, townhouses and apartment buildings constructed or significantly altered in this window deserve heightened scrutiny — especially if framed with untreated timber. Textured plaster or stucco over polystyrene (EIFS), fibre-cement sheet, or plaster finishes with a smooth "Mediterranean" look — particularly where cladding is fixed directly to the frame with no drained cavity behind it. Membrane roofs, solid parapets and enclosed balustrades give water more chances to get in and fewer chances to drain or dry out. Eaves shelter walls and joinery from rain. Buildings without them rely entirely on the cladding and flashings performing perfectly — forever. Internal or enclosed decks, and balconies waterproofed with membranes over habitable rooms, are among the most common failure points. Multiple rooflines, recessed windows, pergolas and handrails fixed through the cladding, and complicated wall-roof junctions all multiply the points where flashings can fail. Apartment blocks, terraced townhouses and mixed-use or commercial buildings from the 1990s–2000s with monolithic cladding, membrane roofs, or curtain-wall and joinery systems can suffer the same failures — at far greater repair cost, shared across all the owners. Patched or partially re-clad buildings may still conceal damage elsewhere. Ask for the full repair history, consents and producer statements — and be sceptical of cosmetic fixes. Never purchase a building with monolithic cladding from the risk era — residential or commercial — without a thorough inspection by an appropriately qualified building surveyor, and be prepared for that inspection to recommend invasive moisture testing before you commit. A standard pre-purchase inspection under NZS 4306:2005 is a visual, non-invasive assessment. The inspector does not open up walls, lift flooring, or remove cladding, linings or insulation. That means: Invasive (destructive) moisture testing typically involves drilling small probe holes through the cladding or interior linings to measure moisture in the framing timber itself, and in some cases cutting inspection openings. Thermal imaging can help screen for moisture, but it only shows temperature differences — it cannot confirm or rule out decay on its own. Important: invasive testing requires the vendor's written consent, since it involves minor damage that must be made good. A vendor who refuses reasonable invasive testing on a high-risk building is telling you something. We can draft the condition, and the consent request, for you. Weathertightness failure is not just a residential problem. Risk-era commercial and mixed-use buildings — particularly those with monolithic cladding, membrane roofs, parapets and complex glazing systems — can conceal the same decay. For commercial purchases we recommend: Authoritative, free New Zealand resources on building inspections and weathertightness: The Government's building guidance — including weathertightness, the Weathertight Homes Resolution Service, and buying or renovating advice. New Zealand's independent building research organisation — research and practical guidance on weathertightness, claddings and building maintenance. Find an accredited building surveyor qualified to carry out pre-purchase inspections and invasive weathertightness investigations. The professional body for building officials, including its Accredited Building Surveyor scheme. The New Zealand Standard for residential property inspections — what a compliant pre-purchase inspection must cover. The Real Estate Authority's independent guidance for home buyers, including property checks and inspections.Step 4 — Builder's reports: essential, but know their limits
Why you should always get one
Properties with a higher risk of being leaky buildings
Built or re-clad c. 1992–2005
Monolithic cladding
Flat or low-pitched roofs and parapets
No eaves or minimal eaves
Decks and balconies over living spaces
Complex junctions and penetrations
Multi-unit and commercial buildings of the era
A history of "targeted repairs"
Our firm advice
The problems and limitations of builder's reports
We recommend invasive testing — built into your agreement conditions — where:
Learn more from the experts
Building Performance (MBIE)
BRANZ
NZ Institute of Building Surveyors
Building Officials Institute of NZ
NZS 4306:2005
Settled (REA)
Every kind of purchase has its own pitfalls. Open the guide that matches yours. Beyond the builder's report (see above), some practical checks help you assess a property early: Also obtain the resource consent and building consent, check every condition, and keep all advertising material — it can be invaluable if a dispute arises. Most of the off-the-plans guidance above applies. In particular:Step 5 — Guidance for your type of purchase
Check who you're dealing with
The contract must nail down
Watch for vendor-friendly clauses
Special conditions we recommend
Signing is a milestone, not the finish line. Use your conditional period well. Request it from the council and review every entry — consents, hazards, land features and restrictions. Cross-check every building against its consents and Code Compliance Certificates. Spot unauthorised work before it becomes your problem. Builder's report (and invasive testing where needed), valuation, and any specialist reports your conditions allow for. Review district plan rules and neighbouring zoning; if buildings or fences look close to boundaries, consider a surveyor. Talk to the community constable about security; check access, mail security and the neighbourhood watch network. Make sure you can insure the property on acceptable terms before your conditions are satisfied — not after.Step 6 — You've signed. Now what?
Get the LIM
Buy the council file
Complete your reports
Check planning & boundaries
Assess the area
Confirm insurance
The best loan depends on your situation and goals. Useful questions to work through with your mortgage broker or lender: Income changes, job moves or new expenses in the next few years can point you toward different loan structures. Long-term ownership and a quick resale suit quite different loan features. How comfortable are you with a payment that can change? Stability has a price; flexibility has a risk. College years or retirement targets can shape the right term and repayment structure. In some situations there are lawful ways to restructure debt between your home and a rental property as part of an asset protection plan. This needs detailed legal and accounting advice — talk to us before you settle, because it's much harder to fix afterwards.Choosing the right loan
Will your finances change?
How long will you hold it?
Fixed or floating?
When do you want to be mortgage-free?
Structuring debt the smart — and legal — way
From the moment you engage us, here's what happens behind the scenes. We review (or prepare) the agreement before you sign, altering it where needed to protect your interests. A detailed Land Titles Office search for the title and every encumbrance registered against it. Mortgage documents to your lender's instructions, the transfer of title, and notices of sale to the councils. We check the vendor's settlement statement, the rates apportionments, and that your deposit is properly credited. We obtain funds from you and your lender, complete the purchase, and secure the signed transfer and discharges of the vendor's mortgages and caveats. We register the title in your name, send you the registered title electronically, and forward any mortgage to your lender.What we handle for you
Agreement review
Title search
Documents prepared
Settlement statement
Settlement day
Registration
A little organisation makes moving day a pleasure rather than a panic. If you're eligible, your KiwiSaver first-home withdrawal and a First Home Loan can give your purchasing power a real boost — but they take time to arrange, so start early. Any family loans should be properly documented before settlement. We can help you coordinate all of these. You're entitled to inspect the property shortly before possession. Check for damage since you signed, confirm the chattels are present and working, and verify any agreed repairs were completed properly. Timing is critical: if you find problems, tell us immediately — any claim must be made on your behalf no later than 4pm on the working day before the possession date. Arrange with the vendor or agent to collect the keys on settlement day. Keys are released once the purchase price reaches the vendor's lawyers — which we take care of as soon as we hold the necessary funds from you and your lender.Before possession day — your checklist
🎉 Property Client Exclusive — 50% Off Estate Planning
As a property purchase client, you qualify for 50% off all will-based estate planning documents when you sign them at the same time as your property documents.
Normal Will + Both EPAs: Individual $550 (normally $1,100) | Couple $1,000 (normally $2,000)
Click below and we'll take it from here — it takes about 10 minutes. We'll ask about your transaction, then confirm your identity as required by law. Send us the draft agreement before you sign, and we're always here to talk anything through by phone, Zoom or in person. View our fee chart | How it works All fees include GST · Pay within 7 days for our discounted rate · What identity documents will I need? This guide is general information, not legal advice for your specific situation. Every property is different — please contact us to discuss yours.Ready to buy with confidence?