Brief Overview

Council must administer the requirements of Sub-Part 6A of the Building Act 2004 (the Act)

Council must investigate all commercial, industrial and multi-level/multi-unit residential buildings to find which are potential earthquake prone (Potential EPB)

When Council identifies a Potential EPB it must issue a Request for an Engineering Assessment' (REA) to the owner

When an owner receives a REA it must engage a suitably qualified and experienced Structural Engineer to supply an assessment within 12 months of the date of the request - or apply to Council for an extension of one further 12 months if the Engineer cannot meet the first due date

If an owner fails to supply the assessment on time Council may apply to the Courts for Council to obtain the assessment with the cost being recoverable

When Council receives and accepts an engineering assessment Council must make a decision whether the building is earthquake-prone and issue either;

(a) a Section 133AL (EPB) notice, requiring the building be strengthened, or removed, within 15 years from the date of the notice, or -

(b) a letter advising the building is not considered an EPB

Council may, at this time, also issue restrictions on the use of the building and/or its immediate surroundings

If the building has an Historic Places classification by Heritage NZ, the owner may apply to Council for an extension of time, up to a further 10 years, on the deadline of the notice

If an owner fails to strengthen or remove the building on time Council may apply to the Courts for Council to carry out the strengthening or removal work with the cost being recoverable

Council may also take the owner to Court for breaching the Act with extremely expensive costs if found guilty of not complying with Councils requests and deadlines

The Act also has provision for the owner to dispute any of Council's process or decisions or the engineering assessment.