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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:

“Heritage building owners can ask for more time to make their earthquake-prone building safer”

If you own a heritage building that is earthquake-prone, you might be able to get more time to make it safer. Your building must be on the New Zealand Heritage List/Rārangi Kōrero or the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu list, which are maintained under the Heritage New Zealand Pouhere Taonga Act 2014 or section 81 of the Heritage New Zealand Pouhere Taonga Act 2014. You can apply to your local council for an extension of time to complete the seismic work.

You must write to the council and pay any fee they charge, as stated in section 219. The council can give you up to 10 more years to finish the work, which is required under section 133AM, section 133AMA, section 133AMB, or section 133AMC. If the council agrees to the extension, you must take steps to reduce the risks and follow any conditions they set.

If you do not follow the conditions, the council can take away the extension. After the council makes a decision, they must update the records and let you know. They will also reissue a notice about the building’s earthquake-prone status, as required by section 133AL, and update the register as necessary.

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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 Arts and culture > Heritage protection
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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

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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, 133AMA, 133AMB, or 133AMC.

        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).
                • Section 133AO(4): amended, on , by section 18 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).