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Building Act 2004

Building - Special provisions for earthquake-prone buildings - Powers of territorial authorities in respect of earthquake-prone buildings

133AS: Territorial authority may carry out seismic work

You could also call this:

“The local council can fix earthquake-prone buildings if the owner doesn't do it in time.”

You need to know about a law that lets the local council do earthquake-strengthening work on buildings. This is what it says:

If you own a building that needs earthquake-strengthening work, you have to do it by a set date. If you don’t finish the work in time, or if you’re going too slowly, the council can step in.

The council can ask a court for permission to do the work themselves. But before they do this, they have to tell you in writing at least 10 days before.

If the council does end up doing the work, you still have to pay for it. The council can make you pay them back for the cost. They can also put a charge on your land, which means you might have to pay them when you sell the property.

The council is allowed to knock down all or part of the building if they need to as part of this work.

Remember, this only applies to buildings that have been identified as needing earthquake-strengthening work. The council will have told you about this already with a special notice.

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 It might be out of date or be missing some parts.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=DLM7333526.

Topics:

Housing and property > Home safety and repairs

Government and voting > Local councils

133AR: Territorial authority may impose safety requirements, or

“The city council can make rules to keep people safe around wobbly buildings that might fall down in an earthquake.”

133AT: Alterations to buildings subject to EPB notice, or

“Rules for changing buildings that might fall down in an earthquake”

Part 2 Building
Special provisions for earthquake-prone buildings: Powers of territorial authorities in respect of earthquake-prone buildings

133ASTerritorial authority may carry out seismic work

This section applies if seismic work on a building or a part of a building that is subject to an EPB notice is not completed by the deadline that applies under section 133AM, or is not proceeding with reasonable speed in the light of that deadline.
The territorial authority may apply to the District Court for an order authorising the territorial authority to carry out seismic work on the building or the part of the building.
Before the territorial authority applies to the District Court under subsection (2), the territorial authority must give the owner of the building or the part of the building not less than 10 days' written notice of its intention to do so.
If a territorial authority carries out seismic work on a building or a part of a building under the authority of an order made under subsection (2),—
the owner of the building or part is liable for the costs of the work; and
the territorial authority may recover those costs from the owner; and
the amount recoverable by the territorial authority becomes a charge on the land on which the work was carried out.

Seismic work authorised to be done under this section may include the demolition of a building or part of a building.

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Notes

Section 133AS: inserted, on 1 July 2017, by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).