Last updated: 10 April 2019
There are strict eligibility criteria for making a Weathertight Claim for ‘leaky home’ damage repair, and you need to be aware of your options and any implications.
Note: applications to bring a claim under the Weathertight Homes Resolution Services Act 2006 can no longer be received after 31 December 2021.
The first two steps in making a claim are:
- Complete a Declaration of Interest Form
- Make a formal application
1. Complete a Declaration of Interest Form
Prior to lodging a formal Weathertight Claim under the Weathertight Homes Resolution Services Act 2006, you will need to complete the Declaration of Interest Form. When you send us the form, it will be reviewed against the eligibility criteria and a claims advisor will contact you to discuss your options.
The form highlights the build date and other factors that may affect your eligibility to make a Weathertight Claim. To determine the date when the dwelling was built or altered, check what date the Code Compliance Certificate was issued.
In situations where no Code Compliance Certificate was issued, your home did not receive a final inspection, or there was a significant delay in completing building work, Weathertight Services will look at other information to determine the date.
If your property does not meet the criteria, you will be advised that you are not eligible to lodge a Weathertight Claim by a claims advisor. If you are eligible to make a claim, a claims advisor will walk you through the next steps in the application process, including lodging a Weathertight Claim Application and nominating a property assessment type.
The Declaration of Interest Form will be processed within two working days and we will contact you as soon as possible to discuss the available options for you and your property.
Weathertight Services must notify the local council of any eligible application, which will be recorded on the Land Information Memorandum (LIM) report for the property.
2. Make a formal application
If your Declaration of Interest is accepted, a claims advisor will send you a set of forms to lodge a Weathertight Claim Application. When completing these forms you will need to confirm the following details:
- that you are the owner of the dwelling or have authority to act on behalf of the owners
- the dwelling claimed for is used for residential purposes
- the dwelling is or has been leaking (water is entering from outside)
- the dwelling is damaged as a result of the leaks
- the dwelling was built or altered within the last 10 years and before 1 January 2012.
To determine the date when the dwelling was built or altered, check what date the Building Code compliance certificate was issued. In situations where no Code Compliance Certificate was issued, your home did not receive a final inspection, or there was a significant delay in completing building work, Weathertight Services will look at other information to determine the date.
Be aware of the implications
Before making a claim, it is important to be aware that:
- your local council will be notified of your claim and this information will be included in any LIM related to your property
- your claim information can be disclosed to third parties by Weathertight Services in accordance with the Official Information Act 1982.
The Declaration of Interest Form provides an initial opportunity for you to discuss your options and ensure that making a formal application is the appropriate step for you to take.