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Building Act 2004

Building - Special provisions for dangerous, affected, and insanitary buildings - Powers of territorial authorities in respect of dangerous, affected, or insanitary buildings

125: Requirements for notice requiring building work or restricting entry

You could also call this:

“Rules for writing and sharing notices about fixing unsafe buildings or stopping people from going inside them”

When authorities need to tell you to do building work or stop people from entering a building, they have to follow some rules. They must give you a written notice and stick it on the building. They also need to give copies to the building’s owner, people who live there, and others who have a legal interest in the land.

If the notice is about doing building work, it must tell you how long you have to do the work. This time can’t be less than 10 days or however long it takes to get a building consent if you need one. The notice must also say if you need to get a building consent for the work.

If the notice is about stopping people from entering the building, it can only last for 30 days at first. They can extend it once for another 30 days if needed.

The notice must also be given to banks or others who have a legal claim on the land, government agencies that have classified the building or land, and Heritage New Zealand Pouhere Taonga if it’s a heritage building.

Even if they don’t give copies to all these people, the notice is still valid as long as it’s stuck on the building.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307301.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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124: Dangerous, affected, or insanitary buildings: powers of territorial authority, or

“Local authorities can take action to protect people from unsafe buildings in their area.”

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126: Territorial authority may carry out work, or

“If the building owner doesn't fix the problem, the local council can ask a judge for permission to do the work themselves and make the owner pay for it.”

Part 2 Building
Special provisions for dangerous, affected, and insanitary buildings: Powers of territorial authorities in respect of dangerous, affected, or insanitary buildings

125Requirements for notice requiring building work or restricting entry

  1. A notice issued under section 124(2)(c) must—

  2. be in writing; and
    1. be fixed to the building in question; and
      1. be given in the form of a copy to the persons listed in subsection (2); and
        1. state the time within which the building work must be carried out, which must not be less than a period of 10 days after the notice is given or a period reasonably sufficient to obtain a building consent if one is required, whichever period is longer; and
          1. state whether the owner of the building must obtain a building consent in order to carry out the work required by the notice.

            1. A notice issued under section 124(2)(d)—

            2. must be in writing; and
              1. must be fixed to the building in question; and
                1. must be given in the form of a copy to the persons listed in subsection (2); and
                  1. may be issued for a maximum period of 30 days; and
                    1. may be reissued once only for a further maximum period of 30 days.

                      1. A copy of the notice must be given to—

                      2. the owner of the building; and
                        1. an occupier of the building; and
                          1. every person who has an interest in the land on which the building is situated under a mortgage or other encumbrance registered under the Land Transfer Act 2017; and
                            1. every person claiming an interest in the land that is protected by a caveat lodged and in force under section 138 of the Land Transfer Act 2017; and
                              1. every statutory authority that has exercised a statutory power to classify or register, for any purpose, the building or the land on which the building is situated; and
                                1. Heritage New Zealand Pouhere Taonga, if the building is a heritage building.

                                  1. However, the notice, if fixed on the building, is not invalid because a copy of it has not been given to any or all of the persons referred to in subsection (2).

                                  Compare
                                    Notes
                                    • Section 125 heading: replaced, on , by section 31 of the Building Amendment Act 2013 (2013 No 100).
                                    • Section 125(1): replaced, on , by section 31 of the Building Amendment Act 2013 (2013 No 100).
                                    • Section 125(1A): inserted, on , by section 31 of the Building Amendment Act 2013 (2013 No 100).
                                    • Section 125(2)(c): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                                    • Section 125(2)(d): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                                    • Section 125(2)(e): replaced, on , by section 18 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                                    • Section 125(2)(f): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).