House Declaration Form for New Zealand

House Declaration Form Template for New Zealand

A House Declaration Form is a crucial legal document used in New Zealand's property market that provides comprehensive disclosure of a property's condition, history, and compliance status. This document, governed by New Zealand property law, requires property owners to make formal declarations about various aspects of their property, including building compliance, known defects, land issues, and other material information that could affect the property's value or desirability. It serves as a key risk management tool in property transactions and helps ensure transparency between parties while complying with New Zealand's property disclosure requirements.

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What is a House Declaration Form?

The House Declaration Form is a fundamental document in New Zealand's property transaction process, designed to protect both buyers and sellers by ensuring full disclosure of property information. This document becomes necessary when a property is being prepared for sale or when specific property disclosures are required by law or financial institutions. The form includes comprehensive information about the property's physical condition, legal status, compliance with building codes, known defects, and other material facts that could influence a buyer's decision. It aligns with New Zealand's property law requirements and helps mitigate risks in property transactions by promoting transparency and due diligence. The House Declaration Form is particularly important given New Zealand's strict property disclosure requirements and consumer protection laws, serving as a crucial tool for risk management and legal compliance in real estate transactions.

What sections should be included in a House Declaration Form?

1. Property Identification: Details of the property including address, legal description, title reference, and land area

2. Owner Information: Details of the current property owner(s) making the declaration

3. Property Characteristics: Basic information about the property including type, age, number of rooms, and construction materials

4. Building Consents and Compliance: Declaration regarding building permits, code compliance certificates, and any outstanding consents

5. Property Condition: Declarations about the current condition of the property, including known defects or issues

6. Services and Utilities: Information about connected services, heating, insulation, and energy efficiency

7. Land Issues: Declarations about land-related matters including boundaries, easements, and access

8. Council Requirements: Information about zoning, rates, and compliance with local authority requirements

9. Legal Matters: Declarations about any legal issues affecting the property

10. Health and Safety: Declarations about health and safety matters including presence of hazardous materials

11. Declaration and Signature: Formal declaration of truth and accuracy, with date and signature

What sections are optional to include in a House Declaration Form?

1. Body Corporate Details: Required for properties under body corporate management, including fees and rules

2. Rental History: For properties that have been used as rental properties, including tenancy details

3. Natural Hazards: Required for properties in areas prone to specific natural hazards

4. Heritage Status: Required for properties with heritage protection or historic place classification

5. Coastal Property Specifics: Required for coastal properties, including erosion zones and maritime restrictions

6. Rural Property Details: Required for rural properties, including farm operations and resource consents

7. Leasehold Information: Required for leasehold properties, including lease terms and conditions

What schedules should be included in a House Declaration Form?

1. Property Photos: Recent photographs of the property's exterior and interior

2. Title Documents: Copy of the current title and relevant registered documents

3. LIM Report Summary: Summary of key information from the Land Information Memorandum

4. Floor Plan: Current floor plan showing layout and dimensions

5. Building Reports: Copies of relevant building inspection reports or assessments

6. Compliance Certificates: Copies of code compliance certificates and building consents

7. Insurance Information: Details of current insurance and recent claims history

8. Service Reports: Recent service reports for heating, electrical, or other systems

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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What is a House Declaration Form?

What sections should be included in a House Declaration Form?

What sections are optional to include in a House Declaration Form?

What schedules should be included in a House Declaration Form?

Authors

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