Steps for identifying and managing dangerous, affected and insanitary buildings

Step 1: Identifying dangerous, affected and insanitary buildings

On the receipt of the initial notification, confirm the building details. This includes the:

• address
• legal owner(s)
• building use.

Question: Does the territorial authority have the authority to act?

No

Pass the information on to the relevant authority. For example, if the building is located in a different district, or if the building is a dangerous dam.

Yes

Move to step 2.

Step 2: Assessing and recording dangerous, affected and insanitary buildings

As soon as possible, ideally within 24-48 hours of receipt of the initial notification, assess and record the dangerous, affected or insanitary building(s).

Assess the building:

• Inspect the building.
• Record the inspection findings; use the dangerous, affected and insanitary building inspection report, take photographs etc.
• Record the building assessment in the territorial authority’s internal register of dangerous, affected and insanitary buildings .
• Seek advice from relevant professionals, for example, fire, structural or geotechnical engineers.
• Seek legal advice if required.
• Seek advice from Fire and Emergency New Zealand (FENZ) for dangerous buildings s121(2).

Question: Is the building in an area currently designated for building management in emergencies?

Yes

Use the powers set out in s133BQ-133BX.

https://www.building.govt.nz/managing-buildings/managing-buildings-in-an-emergency

No – Question: Is the building dangerous, affected or insanitary?

No

Resolve any issues identified using other provisions of the Building Act 2004, for example, a notice or fix, or an abatement notice, and update the informant.

Yes

Complete a risk assessment:

• Identify risks posed by the building(s) to people and property.
• Assess the urgency and severity of the situation.
• Pay due regard to the advice provided by FENZ.
• Consider local factors and priorities.

Step 3: Take action

An appropriate timeframe for these steps is to be decided based on the amount of risk a building poses and the action that is required to mitigate that risk.

Question: Is immediate danger likely?

Yes 

• The chief executive of a territorial authority may issue a warrant under s129 causing action to:
  • avoid immediate danger under s121
  • fix insanitary conditions under s123.
• Inform building owner(s) and occupants of the assessment.
• Notify Heritage New Zealand Pouhere Taonga if a heritage building is affected.
• On completion of the warranted action a territorial authority needs to apply to the District Court for confirmation of a warrant under s130.
• Determine what follow up action is required.

No

Notify the owner.

At this point a territorial authority may:

• inform the building owner(s) and occupants of an assessment
• discuss the building's status with the owner where appropriate.

Following the notifications, a territorial authority can take several actions depending on whether the building is dangerous, affected or insanitary.

Actions for dangerous, affected and insanitary buildings

• Put up a hoarding or a fence to prevent people approaching the building nearer than is safe under s124(2)(a).
• Attach in a prominent place, either on or adjacent to the buildings, a notice that warns people not to approach the building under s124(2)(b).
• Issue a written notice restricting entry to the building, either for particular purposes or to a specific person or groups of people under s124(2)(d).

Actions for dangerous buildings

• Give written notice requiring work to be carried out on the building to reduce or remove the danger under s124(2)(c)(i).

Actions for insanitary buildings

• Give written notice requiring work to be carried out on the building to prevent the building from remaining insanitary under s124(2)(c)(ii).

Form of s124(2)(c)(i) and (ii) notices specified by s125(1) for dangerous and insanitary buildings

• The notice must be in writing and fixed to the building in question. 
• Copies of notices must be sent to both the owner of the building and those who occupy it, and also to a range of other people as listed in s125(2). 
• The notice must state if the owner of the building must obtain a building consent for the work required by the notice.
• The notice must state the time that the building work must be carried out in.
• This timeframe must not be less than ten days from the date the notice is given, or a reasonable time for a building consent to be obtained, whichever is longer.

Form of s124(2)(d) notices specified by s125(1A) for affected buildings

• The notice must be in writing and fixed to the building in question.
• Copies of notices must be sent to both the owner of the building and those who occupy it, and also to a range of other people as listed in s125(2).
• The notice must be issued for a maximum period of thirty days, and may be re-issued once for a further maximum period of thirty days.

Using dangerous, affected or insanitary buildings

• Under s128 it is prohibited for anyone to use or occupy a building, or permit another person to use of occupy it, once a territorial authority has done any of the following:
• put up a hoarding or fence in relation to a building under s124(2)(a)
• attached a notice warning people not to approach a building under s124(2)(b)
• issued a notice restricting entry to a building under s124(2)(d).

Re-assessing dangerous or insanitary buildings

At the end of the time period stated in a notice issued under s124(2)(c)(i) & (ii) (or any extension allowed by the territorial authority) the territorial authority may reassess the building to confirm if the work required by the notice has been completed, or is proceeding with reasonable speed. 

If work required under s124(2)(c) is not completed or proceeding with reasonable speed, under s126 the territorial authority can: 

• give the owner 10 days’ notice that it intends to seek court approval to enter the building and undertake the work itself 
• apply to the District Court for approval 
• carry out the work itself 
• recover costs for this from the owner
• this work may include full or partial demolition of the building under s127.

Re-assessing affected buildings

At the end of the time period stated in a notice issued under s124(2)(d) (either the initial period of max 30 days or additional period of max 30 days) the territorial authority may reassess the building to confirm what further action is required.

Resolution

• Uplift s124 notice when any required remedial building work has been completed to the satisfaction of the territorial authority, or when the dangerous, affected or insanitary conditions have been removed. 
• Update territorial authority records to confirm issue has been resolved and the building is no longer dangerous, affected or insanitary.