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Building Act 2004

Building - Special provisions for earthquake-prone buildings - Identifying earthquake-prone buildings

133AI: Obligations of owners on receiving request for engineering assessment

You could also call this:

“Building owners must respond when asked for an earthquake safety check”

If you own a building or part of a building, and the local council asks you for an engineering assessment, you need to do one of these things by the due date:

You can give the council an engineering assessment that follows the rules for earthquake-prone buildings. Or, you can show the council proof that they made a mistake when they said your building might be earthquake-prone. Or, you can tell the council that you won’t give them an engineering assessment.

If the council realises they were wrong about your building being potentially earthquake-prone, they will cancel their request and let you know in writing.

If you don’t do any of these things, or if you say you won’t give an assessment, the council will act as if your building is earthquake-prone. They will give your building the lowest earthquake rating. The council can also get their own engineering assessment done and make you pay for it.

The council can give you more time to respond if needed. You can find out more about this in section 133AJ.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7340950.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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133AH: Territorial authority must request engineering assessment of potentially earthquake-prone buildings, or

“The local council must ask building owners to get an expert to check if their building might fall down in an earthquake.”

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133AJ: Owners may apply for extension of time to provide engineering assessment, or

“Building owners can ask for more time to get their building checked for earthquake safety”

Part 2 Building
Special provisions for earthquake-prone buildings: Identifying earthquake-prone buildings

133AIObligations of owners on receiving request for engineering assessment

  1. If a territorial authority asks the owner of a building or a part of a building to provide an engineering assessment of the building or part under section 133AH, the owner must, by the due date (which may be extended under section 133AJ),—

  2. provide to the territorial authority an engineering assessment of the building or part that complies with the requirements of the EPB methodology; or
    1. provide to the territorial authority evidence of a factual error in the basis on which the territorial authority has identified the building or part as potentially earthquake prone; or
      1. notify the territorial authority that the owner does not intend to provide an engineering assessment.

        1. If a territorial authority is satisfied that it has incorrectly identified a building or a part of a building as potentially earthquake prone, the territorial authority must cancel the request for an engineering assessment and give the owner of the building or part written notice of that fact.

        2. If an owner fails to comply with subsection (1), or notifies the territorial authority under subsection (1)(c) that the owner does not intend to provide an engineering assessment of a building or a part of a building,—

        3. the territorial authority must, under section 133AK(4), proceed as if it had determined the building or part to be earthquake prone; and
          1. the EPB notice issued for the building or part must, under section 133AL(4), be in the form that is prescribed for the category of earthquake ratings that includes the lowest earthquake ratings; and
            1. the territorial authority may obtain an engineering assessment of the building or part and recover, as a debt due from the owner of the building or part, the costs of doing so.

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