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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

128: Prohibition on using dangerous, affected, or insanitary building

You could also call this:

“You can't use or let others use a building if the local council says it's unsafe.”

If a local council has taken action to make a building safe, you need to follow their rules. The council might put up a fence, attach a warning notice, or issue an order restricting entry to the building. These actions are taken to protect you from dangerous, affected, or unhealthy buildings.

When the council has done any of these things, you are not allowed to use or occupy the building. You also can’t let anyone else use or occupy it. The only exception is if the council’s order specifically allows some people to enter the building.

Remember, these rules are there to keep you and others safe. Always follow the instructions given by your local council about buildings that might not be safe to use.

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 It might be out of date or be missing some parts.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=DLM307304.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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127: Building work includes demolition of building, or

“Tearing down buildings can be part of fixing dangerous or unhealthy buildings.”

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128A: Offences in relation to dangerous, affected, or insanitary buildings, or

“People can get in trouble if they don't follow rules about unsafe buildings.”

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

128Prohibition on using dangerous, affected, or insanitary building

  1. This section applies if a territorial authority has done any of the following:

  2. put up a hoarding or fence in relation to a building under section 124(2)(a):
    1. attached a notice warning people not to approach a building under section 124(2)(b):
      1. issued a notice restricting entry to a building under section 124(2)(d).

        1. In any case to which this section applies, and except as permitted by section 124(2)(d), no person may—

        2. use or occupy the building; or
          1. permit another person to use or occupy the building.

            Notes
            • Section 128: replaced, on , by section 34 of the Building Amendment Act 2013 (2013 No 100).
            • Section 128 heading: amended, on , by section 19 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).