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Building Act 2004

Building - Special provisions for dangerous, affected, and insanitary buildings - Interpretation and application

121: Meaning of dangerous building

You could also call this:

“This explains when a building is considered unsafe and might hurt people or damage other buildings.”

A building is considered dangerous under this Act in two main situations. First, if during normal circumstances (not including earthquakes), the building is likely to cause injury or death to people inside it or on nearby property, or cause damage to other property. This could happen through the building collapsing or in other ways.

Second, a building is also considered dangerous if, in case of a fire, people inside the building or on nearby property are likely to be injured or killed.

When deciding if a building is dangerous because of fire risk, the local council (called a territorial authority) can ask for advice from Fire and Emergency New Zealand staff, volunteers, or contractors. These advisors must be identified as competent by the Fire and Emergency New Zealand board. If the council asks for this advice, they must seriously consider it when making their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306896.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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120: Symbols of access must be displayed, or

“Buildings that have special features for people with disabilities must show special signs outside”

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121A: Meaning of affected building, or

“Buildings near dangerous structures can be called 'affected buildings' in the law”

Part 2 Building
Special provisions for dangerous, affected, and insanitary buildings: Interpretation and application

121Meaning of dangerous building

  1. A building is dangerous for the purposes of this Act if,—

  2. in the ordinary course of events (excluding the occurrence of an earthquake), the building is likely to cause—
    1. injury or death (whether by collapse or otherwise) to any persons in it or to persons on other property; or
      1. damage to other property; or
      2. in the event of fire, injury or death to any persons in the building or to persons on other property is likely.

        1. For the purpose of determining whether a building is dangerous in terms of subsection (1)(b), a territorial authority—

        2. may seek advice from employees, volunteers, and contractors of Fire and Emergency New Zealand who have been notified to the territorial authority by the board of Fire and Emergency New Zealand as being competent to give advice; and
          1. if the advice is sought, must have due regard to the advice.

            Compare
              Notes
              • Section 121(1)(b): amended, on , by section 51 of the Building Amendment Act 2012 (2012 No 23).
              • Section 121(2)(a): amended, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).