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:

"Making buildings safe for long-term use"

You need to make a building safe for people to use. A responsible person can tell the owner to do work on the building. The owner must do the work and pay for it. If the owner does not do the work, the responsible person can do it. The owner still has to pay for the work. The responsible person can get the money back from the owner. If the work is not done on a simple home, the home can still be used. But the local council must tell people about the problem. They do this when they give out information about the land. If the work is not done on a commercial building or a block of flats, the responsible person can keep using their powers. You can get in trouble if you do not follow the rules. You can be fined up to $200,000 if you break the rules on purpose. The responsible person must tell the local council if the owner does not do the work. The local council needs to know what is happening. You can read more about this in section 44A of the Local Government Official Information and Meetings Act 1987. The rules also say what the responsible person must do when telling the owner to do work. They must write it down and give it to the owner. They must say what the work is for and why it is needed. They must also say when the work must be done and if a building consent is needed. You can read more about building consents and other rules in sections 133BV(1)‎(b) and 133BW(1)‎(c).

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This page was last updated on 27 October 2025

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 repairsHousing and property > Land useGovernment and voting > Local councils

133BW: Works to remove or reduce other risks, or

"Making buildings safer by fixing risks"

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

"Some building work doesn't need a special permit called a resource consent."

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

133BXWorks for long-term use or occupation of building

This section applies if—
a responsible person believes that works in relation to a building are reasonably necessary to remove or reduce risks posed by the building; and
sections 133BV(1)(b) and 133BW(1)(c) do not apply; and
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.

The responsible person may direct the owner of the building to carry out those works.
A direction to carry out works must—
be in writing, in the form (if any) approved by the chief executive; and
be given to the owner of the building, if practicable; and
describe the intended outcome of the directed works; and
state why the works are required; and
specify when the works must be completed; and
state whether a building consent is required for the works.

An owner of a building must carry out works directed under this section at the owner’s expense.
If the owner does not carry out the works in accordance with the direction, the responsible person may do so.
If a responsible person carries out the works,—
the owner of the building is liable for the costs of the works; and
the responsible person may recover those costs from the owner; and
the amount recoverable becomes a charge on the land on which the building is situated.

If works directed for a simple-unit residential building are not carried out,—
the building may be used or occupied or continue to be used or occupied; but
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.

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.
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.
A person who intentionally fails to comply with a direction under this section—
commits an offence; and
is liable on conviction to a fine not exceeding $200,000.

Notes

Section 133BX: inserted, on 17 December 2019, by section 12 of the Building Amendment Act 2019 (2019 No 27).