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Building Act 2004

Building - Special provisions for earthquake-prone buildings - Remediation of earthquake-prone buildings

133AM: Deadline for completing seismic work

You could also call this:

“This law tells building owners when they need to fix or knock down unsafe buildings that might fall in an earthquake.”

If you own a building or part of a building that has an EPB notice, you need to finish seismic work by a certain deadline. The deadline depends on where your building is and how important it is.

In areas where earthquakes are less likely to happen, you have 35 years to do the work, no matter what kind of building you have.

In areas where earthquakes are more likely, you have different deadlines:

  • If your building is very important (called a priority building), you have 12 years and 6 months.
  • If your building isn’t as important, you have 25 years.

In areas where earthquakes are very likely, the deadlines are shorter:

  • For important buildings, you have 7 years and 6 months.
  • For other buildings, you have 15 years.

The time starts from when you get your first EPB notice, not from any notices that come after.

There are some special cases:

  • If your building is covered by clause 2 of Schedule 1AA, you might have a different deadline.
  • If your building is historic and you’ve been given extra time, your deadline will be longer.

Remember, seismic work can include knocking down the building if that’s what needs to happen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7333546.

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133AL: Territorial authority must issue EPB notice for earthquake-prone buildings, or

“Local council must give an official notice to owners of buildings at risk during earthquakes”

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133AN: Owner may apply for exemption from requirement to carry out seismic work, or

“Building owners can ask to be excused from making their buildings safer in earthquakes.”

Part 2 Building
Special provisions for earthquake-prone buildings: Remediation of earthquake-prone buildings

133AMDeadline for completing seismic work

  1. The owner of a building or a part of a building that is subject to an EPB notice must complete seismic work on the building or part on or before the deadline specified in this section.

  2. The deadline is the expiry of whichever of the following periods, as measured from the date of the first EPB notice issued for the building or the part of the building (rather than any replacement EPB notice), is applicable:

  3. in an area of low seismic risk, 35 years for any building; and
    1. in an area of medium seismic risk, 12 years and 6 months for a priority building and 25 years for any other building; and
      1. in an area of high seismic risk, 7 years and 6 months for a priority building and 15 years for any other building.

        1. However,—

        2. if clause 2 of Schedule 1AA applies to the building or the part of the building, the deadline is the deadline determined in accordance with that clause; and
          1. if the building or the part of the building is a heritage building for which an extension is granted under section 133AO, the deadline is the expiry of the period of the extension, as measured from the deadline that would apply under paragraph (a) or subsection (2) if no extension were granted.

            1. To avoid doubt, seismic work may include the demolition of a building or part of a building.

            Notes
            • Section 133AM: inserted, on , by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).