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Building Act 2004

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

133AT: Alterations to buildings subject to EPB notice

You could also call this:

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

This law is about making changes to buildings that have been identified as earthquake-prone. When you want to change a building that has an earthquake-prone building notice, you need to follow these rules:

The building authority can only give you permission to make changes if they are sure that after the changes, the building will be as safe as possible when it comes to escaping from fires and being accessible for people with disabilities. The building also needs to meet other building code rules at least as well as it did before the changes.

If you’re making big changes to the building, you also need to do the necessary earthquake-strengthening work. The local council decides what counts as a big change.

Sometimes, the local council can let you make changes without following all the usual safety rules. They might do this if:

  • You’re doing the necessary earthquake-strengthening work
  • Following all the rules would be too hard or expensive for you
  • Not following the rules won’t make the building less safe than it needs to be to no longer be earthquake-prone
  • The building will still be at least as safe as it was before the changes

When the council is deciding whether to let you do this, they have to think about certain things that are written in another part of the law.

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 It might be out of date or be missing some parts.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=DLM7333567.

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

133ATAlterations to buildings subject to EPB notice

  1. This section applies instead of section 112 in relation to an application for a building consent for the alteration of a building or a part of a building that is subject to an EPB notice.

  2. A building consent authority must not grant a building consent for the alteration of the building or part unless the building consent authority is satisfied that,—

  3. after the alteration, the building will comply, as nearly as is reasonably practicable, with the provisions of the building code that relate to—
    1. means of escape from fire; and
      1. access and facilities for persons with disabilities (if this is a requirement in terms of section 118); and
      2. after the alteration, the building will,—
        1. if it complied with the other provisions of the building code immediately before the building work began, continue to comply with those provisions; or
          1. if it did not comply with the other provisions of the building code immediately before the building work began, continue to comply at least to the same extent as it did then comply; and
          2. in the case of a substantial alteration, the alteration includes the necessary seismic work. An alteration of a building is a substantial alteration if the territorial authority is satisfied that the alteration meets criteria prescribed under section 401C(c).

            1. Despite subsection (2)(a), a territorial authority may, by written notice to the owner of the building or part, specify 1 or more of the provisions of the building code referred to in subsection (2)(a) and allow the alteration of the building or part without the building complying with the specified provisions if the territorial authority is satisfied that—

            2. the alteration includes the necessary seismic work; and
              1. if the building were required to comply with the specified provisions, it would be unduly onerous for the owner in the circumstances; and
                1. the permitted non-compliance with the specified provisions is no more than is reasonably necessary in the light of the objective of ensuring that the building or part is no longer earthquake prone; and
                  1. after the alteration, the building will continue to comply with the specified provisions, and other provisions of the building code, to at least the same extent as it complied with those provisions immediately before the building work began.

                    1. When making the assessments required by subsection (3)(b) and (c), the territorial authority must take into account the matters (if any) prescribed under section 401C(d).

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