By Andrew Steele - 19 Jan 2012
The Department of Building and Housing's recently published
statistics for leaky building claims illustrate that the number of
leaky home owners taking up the FAP (the government's Financial
Assistance Package) has been low at just 73 claims to date. Out of
a total of 1,838 active claims that is a very low percentage of
just 3.9%.
This statistic is not surprising given that many leaky home
owners have a valid claim against the Council that can lead to an
award of 100% of repair costs plus consequential costs (for example
alternative accommodation) and general damages of between $15,000
and $25,000 for stress and anxiety. Unlike payments under the FAP,
an award of damages is paid to the home owner and not to
contractors.
The official figures also suggest a waning of confidence in the
Weathertight Homes Tribunal with less than a third of claimants who
chose to pursue their claim doing so through the Tribunal rather
than alternative jurisdictions such as the District Court or the
High Court.
The claims statistics can be reviewed at www.dbh.govt.nz/ws-claims.