Frequently Asked Questions - Earthquake-prone Buildings

This is a value which represents a building’s estimated resilience to resist an earthquake in relation to a building designed and built as a new building today. A new building will have a value of at least 100% of the New Building Standard (NBS), so a building with a value of 33% NBS or less has an estimated seismic strength of less than one third that of a new building and is therefore considered an earthquake-prone building. Conversely, a building with 34% NBS or more is above one third that of a new building may not be considered an earthquake-prone building.

If Council has received the NBS% value it will be found in documentation contained in relevant RISK0000 File found in the property number folder (PN000000#01) of Council’s records. You will need to go into Council’s website and open ‘Property Files Online’, search for the building by address or property number and locate the RISK file, if there is one. If there is no RISK number then Council has no information regarding the buildings NBS rating at this time.

If there is no NBS rating on Council’s records you may have to obtain that by your own methods; however, first talk to Council’s Senior Compliance Officer (Tony Adamson) to find out if Council is already in the process of seeking that from the owner.

All commercial, industrial and residential buildings having 3 or more residential units in 2 storeys or more are included in the EPB process and will be investigated by Council.

Please note: commercial, industrial and residential buildings having 3 or more residential units in 2 storeys or more but that are constructed entirely of timber framing, farm buildings, uninhabited network utility operator (NUO) buildings containing machinery and/or processes, bridges, wharves, towers, cranes and the like are exempt buildings and will not be investigated by Council.

No - single residential buildings are not part of this process and the owner is not obliged to obtain its NBS%.

Yes, Council will still review the records for such buildings in order to find the NBS% for the building, in its strengthened state. Strengthening work carried out more than 10 years ago is unlikely to have a stated NBS%. Even if there are engineering design and construction drawings on record Council will require the owner to obtain an engineer’s opinion of the NBS%, after reviewing the records. The older the strengthening work the more likely the building is in failing to meet the minimum 34% NBS, even with strengthening work being carried out.

Apart from Council requirements, an owner may choose to obtain an assessment and/or carry out strengthening work at any time; however, any strengthening work must have a building consent. Council is finding more strengthening work is being done voluntarily than is being forced by Council. This is largely due to commercial pressure from insurance companies, financial institutes, corporate requirements, tenant demands and health and safety considerations.

Yes you can, unless Council has placed specific restrictions on its use. Such restrictions will be clearly notified to the owner and may also be posted on the building. It may also include erecting fixed, or tape, barriers. Such restrictions are extreme measures for clearly hazardous conditions.

Yes, any building work involving the structure of a building must be under the control of a structural engineer and have a building consent.

No, a consent is not required; however, if the building includes asbestos there is a requirement to manage the removal of this material under the control of Site Safe - not Council.

You will have 15 years from the date of the EPB notice; however, this may be extended a further 10 years for historic buildings.

Council has two options in this case -

• It may obtain the assessment itself and recover, as a debt due from the owner, and
• It may proceed as if the building is determined an EPB and issue an EPB notice.

Council may apply to the District Court for an Order authorising the Council to carry out building work. Building work includes obtaining engineering design, and/or demolition. Any cost involved with this work is recoverable as a charge on the land on which the work was carried out.

Until Council has an engineering assessment it has no way of knowing what the seismic performance of the building, or its parts, are and therefore must treat the whole as a potential EPB. Any request for the supply of an engineering assessment must therefore be addressed to every property owner of the building with each being responsible for its supply. How the multiple owners obtain and supply the assessment to Council is of no concern to Council. Every owner will be caught up in the offences to the Act, if the assessment is not supplied on time.

Once Council has an engineering assessment it can then address the buildings seismic performance. If the assessment indicates various parts have different NBS% values, and those parts are in different properties, then Council may address only those which are EPB.

NOTE: if one external wall has weakness in its lateral resilience along its axis of less than 34% NBS, but the rest of the building has a rating of greater than 34%, then the property, or properties, which own that wall may bear the responsibility and need to address the weakness, while other property owners of the building may not be responsible. However, what the ownership agreements are for the multiple properties is not known to the Council so Council will still include all property owners in any EPB notice. It is for the property owners to work out who is responsible for, and who pays what, of any strengthening work to be undertaken.

The owner is fully responsible for any cost of supplying an assessment to Council.

NOTE: In addition, if Council has to obtain the assessment, where the owner does not in the time specified, the cost of that will be a debt due from the owner.

The owner is fully responsible for any cost of any strengthening work, including removal of the building, or parts.

NOTE: In addition, if Council has to carry out building work, including removal of the building, where the owner does not in the time specified, the cost of that will become a charge on the land on which the work was carried out.

Council must review the assessment for completeness and accuracy in relation to the MBIE publication ‘EPB Methodology’ and the ‘Engineering Guidelines’ published by the NZ Society of Seismic Engineers. Council may seek further information from the engineer via the owner, or may seek further engineering advice, or may seek a Peer Review of the assessment. When Council is satisfied the assessment meets the set format, Council must make a decision whether the building is EPB or not. If the building is determined to be EPB it must issue an EPB notice requiring the owner to strengthen or remove the building. If the building is determined to be not EPB Council must promptly notify the owner of that decision.

NOTE: Council retains the right to recover the cost of any Peer Review.

Yes you can; -

• the owner may provide Council evidence of a factual error in the basis on which Council has identified the building, or part, as potentially EPB; or
• the owner may seek a MBIE Determination of any power of decision of Council under Subpart 6A (EPB Provisions) of the Act.

• the owner may apply to Council to extend the time of the EPB notice by up to 10 years, provided the building has a Heritage Classification.
• the owner may be able to apply for some financial assistance from the EQUIP Fund through Heritage NZ, provided the building has a Heritage Classification.
• the owner may also be able to get some financial assistance from Central Government, if their building does not have a Heritage Classification.

The owner will need to discuss their requirement directly with the relevant organisation as it is outside the scope of Council’s involvement.