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New Zealand law explained for everyone

Building Act 2004

Building - Special provisions for buildings affected by emergency - Management of buildings in designated areas

133BX: Works for long-term use or occupation of building

You could also call this:

“Rules for fixing buildings so people can safely live or work in them for a long time”

If someone responsible believes that work needs to be done on a building to make it safer, they can tell the building’s owner to do the work. This can happen when the building needs to be made safe, clean, and suitable for people to use or live in for a long time.

When telling the owner to do the work, the responsible person must write it down. They need to explain what the work should achieve, why it’s needed, when it should be finished, and if the owner needs special permission to do the work.

The building’s owner has to pay for this work. If they don’t do it, the responsible person can do the work instead and make the owner pay for it. The cost can be added to the land’s value.

For small homes, if the work isn’t done, people can still use the building. But information about the needed work will be included in official records about the land.

For big buildings or buildings with many homes, if the work isn’t done, the responsible person can keep using their powers to make the building safe.

If someone deliberately doesn’t do the work they’re told to do, they’re breaking the law. They could be fined up to $200,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS297724.

Topics:
Housing and property > Home safety and repairs
Environment and resources > Climate and energy
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133BW: Works to remove or reduce other risks, or

“Fixing risky buildings in special areas to keep people safe and things moving”

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133BY: Resource consent not required for certain works, or

“Some building work doesn't need special permission from the council”

Part 2 Building
Special provisions for buildings affected by emergency: Management of buildings in designated areas

133BXWorks for long-term use or occupation of building

  1. This section applies if—

  2. a responsible person believes that works in relation to a building are reasonably necessary to remove or reduce risks posed by the building; and
    1. sections 133BV(1)(b) and 133BW(1)(c) do not apply; and
      1. the responsible person believes that the works are reasonably necessary to make the building safe, sanitary, and otherwise suitable to be used or occupied by people on a long-term basis.

        1. The responsible person may direct the owner of the building to carry out those works.

        2. A direction to carry out works must—

        3. be in writing, in the form (if any) approved by the chief executive; and
          1. be given to the owner of the building, if practicable; and
            1. describe the intended outcome of the directed works; and
              1. state why the works are required; and
                1. specify when the works must be completed; and
                  1. state whether a building consent is required for the works.

                    1. An owner of a building must carry out works directed under this section at the owner’s expense.

                    2. If the owner does not carry out the works in accordance with the direction, the responsible person may do so.

                    3. If a responsible person carries out the works,—

                    4. the owner of the building is liable for the costs of the works; and
                      1. the responsible person may recover those costs from the owner; and
                        1. the amount recoverable becomes a charge on the land on which the building is situated.

                          1. If works directed for a simple-unit residential building are not carried out,—

                          2. the building may be used or occupied or continue to be used or occupied; but
                            1. the territorial authority that is responsible for the land on which the building is situated must include in a land information memorandum issued under section 44A of the Local Government Official Information and Meetings Act 1987 information concerning the direction and the failure to carry out the directed works.

                              1. If the responsible person is not the territorial authority referred to in subsection (7)(b), the person must notify that authority of the direction and the owner’s failure to carry out the directed works.

                              2. If works directed in relation to a commercial building or a multi-unit residential building are not carried out, the responsible person may continue to exercise powers under section 133BS or 133BT in relation to the building.

                              3. A person who intentionally fails to comply with a direction under this section—

                              4. commits an offence; and
                                1. is liable on conviction to a fine not exceeding $200,000.

                                  Notes
                                  • Section 133BX: inserted, on , by section 12 of the Building Amendment Act 2019 (2019 No 27).