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Your On-sold settlement

The pre-settlement process for homeowners accepted into the Government’s On-sold support package scheme includes finding a builder and getting your property assessed, reaching a settlement and understanding your settlement offer.


Once your eligibility for the On-sold support package has been confirmed, a settlement specialist will be in touch to guide you through the settlement process. They will be able to provide advice and information around the steps you need to take to reach a settlement.

These steps include:

  • engaging a licensed builder practitioner (builder), and any other professionals you need
  • getting damage assessments and quotes to repair
  • ensuring repairs are done to the standards of the Earthquake Commission Act 1993 (the EQC Act).

It’s important you hire qualified experts, such as structural and geotechnical engineers, builders and architects, who can help you gather the information you need. Make sure you’re comfortable with the people you engage and confident they will provide the right information for your situation.

Finding a licensed building practitioner

One of the first things you’ll need to do is choose a licensed building practitioner (builder) with the skills and expertise to identify earthquake damage and complete repairs on your home. They’ll do the repairs, manage the build and ensure repairs are completed properly.

Licensed building practitioners have been assessed by the Ministry of Business, Innovation and Employment (MBIE) as competent to carry out building work essential to the structure of residential buildings. A good place to find one is the Licensed Building Practitioners (LBPs)(external link) website.

Getting your property assessed

The On-sold support package covers the reasonable cost of any specialist reports needed to determine the repair strategy for your home. This includes reports on:

  • structural engineering
  • geotechnical engineering
  • roofing
  • drainage
  • asbestos
  • cladding.

The package does not include costs for other services, such as using a lawyer to work on your application.

Repairs must bring your home up to the standards of the EQC Act. This means replacing or reinstating property to a condition substantially the same as – but not better or more extensive than – its condition when it was new. This must comply with any applicable laws.

For more information about what your builder should include in their assessment and associated quote, please refer to our Homeowner’s Guide [PDF, 238 KB].

Your builder may indicate you need a specialist engineer’s report as part of your damage assessment. If so, you’ll need to work with your builder to engage qualified experts to do that.

Engineering New Zealand’s website(external link) has useful information on choosing an engineer, and a template for engaging an engineer, as well as the professional standards expected when addressing earthquake damage.

Information we need from you

We want to agree a settlement with you as soon as possible, so once your builder has completed an assessment of your property, you’ll need to provide this to your settlement specialist within five months, in line with your services agreement. The assessment needs to outline the earthquake-related damage, the appropriate repair strategy and the cost of those repairs.

We understand unforeseen circumstances can sometimes cause delays or difficulties with projects like this. If this has happened and you’re unable to provide the information within that time frame, you’ll need to let your settlement specialist know as soon as possible.

If we do not receive the information that enables us to reach a settlement with you, or a reason that it cannot be provided within the specified timeframe, we may close your On-sold application.

If an application is closed, you will no longer be eligible to receive any payments under the Government’s On sold support package.

Reaching a settlement

Once you’ve provided the information, your settlement specialist will review it and make time to talk you through the process for settling your claim. This will include a walk-through of your property with your builder and any other experts that might be required to agree the scope of works.

Once the scope of works has been agreed, your builder will arrange for any design and consent preparation work to take place and can submit their quote to us for review once the building consent (or exemption) application has been made.

The On-sold support package only covers the works required to repair missed earthquake damage. If you wish to make additional improvements to your home at the same time, or you prefer to use your settlement to rebuild your residential property rather than repair, you must pay the extra costs yourself. If you choose to rebuild or undertake additional renovations to your home, you should discuss this with your settlement specialist, as no variations will be payable.

Your settlement offer

Once we’ve reviewed the information from your builder, and any information you provide about temporary accommodation and storage requirements and costs (which are covered by the settlement), we’ll send your settlement offer within 30 working days.

Your offer will include a detailed breakdown of the costs included in the settlement, a Settlement Deed, a Statutory Declaration and documentation for an encumbrance to be placed over the title of your property, if one is required.

The Settlement Deed provides details of the earthquake repairs to your property that must be completed, and the Statutory Declaration confirms that you will use the On-sold ex gratia payment to do those repairs.

When you receive your Settlement Deed, it’s important that you take time to review the information provided and seek legal advice if you need to.

Settlements over $150,000 (placing an encumbrance)

If your On-sold ex gratia payment is more than $150,000, an encumbrance will be registered on the record of title with Toitū Te Whenua Land Information New Zealand (LINZ).

An encumbrance is a claim registered against the title of your property. It means anyone who requests a copy of the property’s title from LINZ will see that there is an encumbrance registered and will know earthquake repairs have not yet been completed.

An encumbrance may also apply where cost increases or a variation to your agreed works pushes your repairs over the $150,000 threshold. If that happens, we’ll provide you with a variation to your Settlement Deed to reflect this. 

The encumbrance will be removed once the agreed repairs have been completed and you’ve sent us documentation confirming this.

For more information about encumbrance, please see the On-sold Encumbrance Removal Checklist [PDF, 268 KB].