Earthquake-prone building legislation changes

Remediation deadlines extension

The Amendment Act provides an extension to the remediation deadlines for earthquake-prone buildings by 4 years (except buildings with notices that expired on or before 1 April 2024). The extension aims to provide clarity and certainty to building owners and territorial authorities, while the review of the management of seismic risk in existing buildings takes place.

The extension applies to earthquake-prone buildings whose deadlines had not lapsed before 2 April 2024. Territorial authorities are required to promptly re-issue earthquake-prone building notices to these buildings and to update the register of earthquake-prone buildings (the EPB Register).

The Amendment Act also introduces a one-off power to further extend remediation deadlines by up to 2 years, if required. This power must be used by 2 April 2028 and will apply both to buildings who received the 4-year extension and to any earthquake-prone buildings that are subsequently identified, as long as the EPB notice is issued before the power is enacted.

Strengthening the building warrant of fitness scheme

The Amendment Act also allowed for changes to better protect the safety of building occupants. 

These relate to the building warrant of fitness scheme and will clarify the obligations of independently qualified persons (IQPs) in issuing a certificate of compliance for a specified system Form 12A. It will introduce an associated offence, and also increase infringement fees, for building owners who fail to supply or to display a building warrant of fitness as required. This will help to ensure that IQPs are fulfilling their obligations under the building warrant of fitness scheme and help to protect the health and safety of building occupants.

Minor and technical changes

Changes covered by ‘other matters’ in the Amendment Act include:

• Requiring stand-alone building consent authorities that are not territorial authorities to pay the building levy directly to MBIE, rather than via territorial authorities, enabling a more efficient process. 
• Removing an obligation for dam owners to display a copy of a dam compliance certificate in a prominent place on the dam, as this is impractical to do. Instead, dam owners must forward the certificate to the relevant regional authority. 
• Clarifying which small heated pools (such as a spa pools) are exempt from the requirement for periodic inspection – that is, small heated pools that have a safety cover that complied at installation, or currently complies, with the Building Code. 
• And finally, clarifying that if a certificate of acceptance for building work is issued by a territorial authority, it is not necessary to apply for a building consent for that work.

The Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act - legislation.govt.nz