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Building Act 2004

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

133AO: Owners of certain heritage buildings may apply for extension of time to complete seismic work

You could also call this:

“People who own old, important buildings can ask for more time to make them safer in earthquakes.”

If you own a special old building, you can ask for more time to make it safer in earthquakes. This applies if your building has been told it needs earthquake work and is on a special list of very important old places in New Zealand.

You need to write to your local council and ask for more time. You might have to pay a fee when you ask. The council can give you up to 10 more years to do the work.

If you get more time, you must do everything you can to make the building as safe as possible. The council might tell you to do specific things to make it safer. If you don’t do what the council says, they can take away the extra time they gave you.

When the council gives you more time or takes it away, they must give you a new notice about your building. They also have to update their records about earthquake-prone buildings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7333551.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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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.”

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133AP: EPB notices and EPB exemption notices to be attached to earthquake-prone buildings, or

“Signs about earthquake safety must be put up on buildings that might not be safe in an earthquake”

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

133AOOwners of certain heritage buildings may apply for extension of time to complete seismic work

  1. This section applies to a building if—

  2. the building or a part of the building is subject to an EPB notice; and
    1. the building is—
      1. included as a Category 1 historic place on the New Zealand Heritage List/Rārangi Kōrero maintained under section 65 of the Heritage New Zealand Pouhere Taonga Act 2014; or
        1. included on the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu list maintained under section 81 of the Heritage New Zealand Pouhere Taonga Act 2014.

        2. The owner of the building or the part of the building (the owner) may apply to the territorial authority for an extension of time to complete seismic work on the building or part.

        3. An application must be in writing and must be accompanied by any fee imposed by the territorial authority under section 219.

        4. The territorial authority may, by notice in writing to the owner, extend by up to 10 years the deadline for completing seismic work that applies under section 133AM(2) or (3)(a).

        5. If the territorial authority grants an extension, the owner must—

        6. take all reasonably practicable steps to manage or reduce the risks associated with the building or the part of the building being earthquake prone; and
          1. comply with any conditions imposed by the territorial authority for the purpose of managing or reducing the risks referred to in paragraph (a).

            1. If the owner fails to comply with subsection (5), the territorial authority may revoke the extension.

            2. As soon as practicable after granting or revoking an extension, a territorial authority must—

            3. reissue an EPB notice under section 133AL for the building or the part of the building; and
              1. record the details of the extension or revocation in the EPB register and update other information in the EPB register as necessary.

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