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Building Act 2004

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

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

You could also call this:

"Council must notify owners of earthquake-prone buildings and tell them how to make it safer"

If a territorial authority decides a building is earthquake-prone, they must issue a notice. This notice is called an EPB notice and it tells you what you need to do to make the building safer. The notice must have certain information on it, like the deadline for completing the work.

The territorial authority must give a copy of the notice to the building's owner and other people who have an interest in the land. This includes people with a mortgage on the property and Heritage New Zealand Pouhere Taonga if the building is a heritage building. The notice must be in a certain form and include details like the earthquake rating of the building.

You can find more information about earthquake-prone buildings in the Land Transfer Act 2017 and other related laws. The territorial authority will use these laws to decide what to do about earthquake-prone buildings. They must follow the rules and give you the right information so you can make your building safer.

If you own a building that is earthquake-prone, you will get a notice telling you what to do. You might be able to apply for an exemption or an extension of time to complete the work. The notice will explain what you need to do and how to apply for an exemption or extension. You should read the notice carefully and follow the instructions to make your building safer.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7333564.

Topics:
Housing and property > Home safety and repairsGovernment and voting > Local councils
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133AK: Territorial authority must determine whether building is earthquake prone, or

"The local council must check if a building is safe during earthquakes"

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133AM: Deadline for completing seismic work on or before 1 April 2024, or

"Finish earthquake safety work by 1 April 2024 or your building's special deadline"

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

133ALTerritorial authority must issue EPB notice for earthquake-prone buildings

  1. This section applies if—

  2. a territorial authority makes any of the following decisions:
    1. determining under section 133AK or 133AY or clause 2 of Schedule 1AA that a building or part of a building is earthquake-prone; or
      1. revoking an exemption under section 133AN; or
        1. revoking an extension under section 133AO; or
          1. determining under section 133AQ or 133AY that the earthquake rating of a building or part of a building that is subject to an EPB notice is different from the earthquake rating (if any) for the whole or part of the building that is stated in the notice or the EPB register; or
          2. the deadline for completing seismic work on a building or part of a building is altered by section 133AMA; or
            1. the deadline for completing seismic work on a building or part of a building is altered by an Order in Council referred to in section 133AMC.

              1. The territorial authority must promptly issue an EPB notice for the building or the part of the building, which must—

              2. be dated; and
                1. be in the prescribed form; and
                  1. identify the building or the part of a building determined to be earthquake prone; and
                    1. specify whether the building or part is a priority building; and
                      1. specify the earthquake rating of the building or part (unless this has not been determined: see section 133AK(4) and clause 2 of Schedule 1AA); and
                        1. state that the owner of the building or part is required to carry out building work to ensure that the building or part is no longer earthquake prone (seismic work); and
                          1. state the deadline for completing seismic work (see sections 133AM, 133AMA, 133AMB, and 133AMC); and
                            1. state that the owner of the building or part may apply under section 133AN for an exemption from the requirement to carry out seismic work; and
                              1. if the building is a heritage building to which section 133AO applies, state that the owner of the building or part may apply under that section for an extension of time to complete seismic work; and
                                1. state that the owner is not required to complete seismic work if the territorial authority determines or is satisfied, in accordance with section 133AQ, that the building or part is not earthquake prone.

                                  1. If the earthquake rating of a building or a part of a building is a percentage range that spans more than 1 prescribed category of earthquake ratings, the notice issued for the building or part must be in the form prescribed for the category that includes the lowest point in the percentage range.

                                  2. If the territorial authority is proceeding under section 133AK(4) as if it had determined a building or a part of a building to be earthquake prone (because the owner has not provided an engineering assessment),—

                                  3. the notice must be in the form prescribed for the category of earthquake ratings that includes the lowest earthquake ratings (see section 401C(a)); and
                                    1. the notice must state—
                                      1. that the territorial authority has not determined whether the building or part is earthquake prone, but is proceeding as if it had; and
                                        1. that the earthquake rating of the building or part has not been determined.

                                        2. The territorial authority must give a copy of the notice to—

                                        3. the owner of the building or the part of the building; and
                                          1. every person who has an interest in the land on which the building is situated under a mortgage or other encumbrance registered under the Land Transfer Act 2017; and
                                            1. every person claiming an interest in the land that is protected by a caveat lodged and in force under section 138 of the Land Transfer Act 2017; and
                                              1. every statutory authority that has exercised a statutory power to classify or register, for any purpose, the building or the land on which the building is situated; and
                                                1. Heritage New Zealand Pouhere Taonga, if the building is a heritage building.

                                                  1. However, the notice is not invalid because a copy of it has not been given to any or all of the persons referred to in subsection (5).

                                                  Notes
                                                  • Section 133AL: inserted, on , by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                                                  • Section 133AL(1): replaced, on , by section 15(1) of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).
                                                  • Section 133AL(2)(g): amended, on , by section 15(2) of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).
                                                  • Section 133AL(5)(b): amended, on , by section 247(3)(a) of the Land Transfer Act 2017 (2017 No 30).
                                                  • Section 133AL(5)(c): amended, on , by section 247(3)(b) of the Land Transfer Act 2017 (2017 No 30).