Building Act 2004

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

133AH: Territorial authority must request engineering assessment of potentially earthquake-prone buildings

You could also call this:

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

If you own a building, or part of a building, that might not be safe in an earthquake, the local council will ask you to get it checked by an engineer. This is called an engineering assessment.

The council will send you a letter about this. The letter will tell you which building or part of the building needs to be checked. It will explain why they think it might not be safe in an earthquake.

The letter will also tell you what you need to do next. It will say if your building is a priority, which means it’s extra important to get it checked quickly. You’ll have 12 months from the date of the letter to get the engineering assessment done.

If you can’t get the assessment done in time, maybe because there aren’t enough engineers available, you can ask for more time. You can get up to 12 more months if you need it.

The letter will explain what happens if you don’t get the assessment done on time. It will also tell you what will happen if the council decides your building isn’t safe in an earthquake.

You can find more information about what you need to do in section 133AI of the law. The council’s letter will explain this too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7340955.

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

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133AG: Territorial authority must identify potentially earthquake-prone buildings, or

“Local councils must find buildings that might fall down in earthquakes within set time limits.”


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

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

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

133AHTerritorial authority must request engineering assessment of potentially earthquake-prone buildings

  1. If a territorial authority identifies a building or a part of a building as potentially earthquake prone, the territorial authority must ask the owner of the building or part to provide an engineering assessment of the building or part.

  2. The request must—

  3. be in writing; and
    1. be dated; and
      1. identify the building or the part of a building that the territorial authority has identified as potentially earthquake prone; and
        1. explain the basis on which the territorial authority has identified the building or the part of the building as potentially earthquake prone; and
          1. explain the owner’s obligations under section 133AI; and
            1. state whether the building is a priority building; and
              1. state the due date for the engineering assessment, which must be 12 months after the date of the request; and
                1. explain that if the owner is not reasonably able to provide an engineering assessment by the due date (for example, because of a shortage of people qualified to conduct engineering assessments), the owner may apply under section 133AJ for an extension of up to 12 months; and
                  1. explain the consequences of the owner failing to provide the engineering assessment by the due date; and
                    1. explain what will happen if the territorial authority determines that the building or the part of the building is earthquake prone.
                      Notes
                      • Section 133AH: inserted, on , by section 24 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).