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Building Act 2004

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

133AQ: Territorial authority may assess information relating to earthquake-prone building status at any time

You could also call this:

“The council can check if a building is safe from earthquakes whenever they want”

You should know that the local council (called a territorial authority) can check information about a building’s earthquake-prone status at any time. This can happen in two ways:

If you, as the building owner, send the council an engineering report about your building, or part of it. You can do this even if your building isn’t already known to be earthquake-prone.

If the council has other proof that a building (or part of it) that was thought to be earthquake-prone actually isn’t.

When the council gets an engineering report, they must quickly decide if the building is earthquake-prone and how strong it is against earthquakes. They use a special method to do this.

If the council decides your building isn’t earthquake-prone, they will tell you in writing. If your building was already listed as earthquake-prone, they will take it off the list and remove any notices from your building.

If the council decides your building is earthquake-prone, they will tell you in writing. If your building wasn’t already known to be earthquake-prone, they will put up a notice. If it was already known to be earthquake-prone, they might put up a new notice if the earthquake rating has changed. The council will also update their records about your building.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7340970.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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133AP: EPB notices and EPB exemption notices to be attached to earthquake-prone buildings, or

“Signs about earthquake safety must be put up on buildings that might not be safe in an earthquake”

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133AR: Territorial authority may impose safety requirements, or

“The city council can make rules to keep people safe around wobbly buildings that might fall down in an earthquake.”

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

133AQTerritorial authority may assess information relating to earthquake-prone building status at any time

  1. This section applies if, at any time,—

  2. the owner of a building or a part of a building sends to the territorial authority an engineering assessment of the building or part (whether or not the building or part is already subject to an EPB notice); or
    1. a territorial authority is satisfied, on the basis of evidence other than an engineering assessment, that a building or a part of a building that is subject to an EPB notice is not earthquake prone.

      1. As soon as practicable after receiving an engineering assessment under this section for a building or a part of a building, the territorial authority must determine, in accordance with the EPB methodology,—

      2. whether the building or part is earthquake prone; and
        1. if the building or part is earthquake prone, its earthquake rating.

          1. If the territorial authority determines or is satisfied that the building or part is not earthquake prone, the territorial authority must promptly—

          2. notify the owner in writing of its decision; and
            1. if the building or part is already subject to an EPB notice,—
              1. remove the building from the EPB register; and
                1. remove, or authorise the owner of the building or part to remove, any EPB notice or EPB exemption notice attached on or adjacent to the building.

                2. If the territorial authority determines that the building or part is earthquake prone, the territorial authority must promptly—

                3. notify the owner in writing of its decision; and
                  1. if the building or part is not already subject to an EPB notice, issue an EPB notice for the building or part under section 133AL; and
                    1. if the building or part is already subject to an EPB notice,—
                      1. if the earthquake rating has changed, reissue an EPB notice under section 133AL for the building or part; and
                        1. if the earthquake rating has not changed, notify the owner in writing of that fact; and
                        2. record the details of the decision in the EPB register and update other information in the EPB register as necessary.

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