Owners of potentially earthquake-prone buildings

Responsibilities of building owners

If the territorial authority (local council) notifies the building owner that their building is potentially earthquake-prone, the building owner must:

• provide an engineering assessment within 12 months, or provide other information to the territorial authority if they suspect the building has been identified as potentially earthquake-prone in error. The building owner may be able to apply for one extension of up to 12 months.
• notify the territorial authority that they do not wish to obtain a report. If they do so, their territorial authority must determine their building to be earthquake-prone with the lowest rating and may obtain an engineering assessment and recover the costs from the building owner.

Once the building is determined as earthquake-prone and an earthquake-prone building notice has been issued, building owners must:

• display the earthquake-prone building notice issued by the territorial authority on their building
• carry out seismic work on the earthquake-prone building, so that it is no longer earthquake-prone, within the specified time frame.

Building owners issued with a previous earthquake-prone building notice (section 124 notice) before 1 July 2017:

• can expect their territorial authority to replace this with a new earthquake-prone building notice if the building is still within the scope of the legislation
• may get, or be able to ask for, a different deadline in some cases for completing the required seismic work.

Buildings that may be earthquake-prone

The system for managing earthquake-prone buildings categorises Aotearoa/New Zealand into three seismic risk areas and sets timeframes for identifying and taking action to strengthen or demolish earthquake-prone buildings.

If you own the following type of building it may be considered potentially earthquake-prone:

• an unreinforced masonry (URM) building that has not been strengthened
• a building of three or more storeys designed before 1976
• a one or two storey building designed before 1935 other than URM and timber buildings (this only applies in high and medium seismic risk areas).

If a territorial authority has reason to suspect a building is earthquake-prone, it may identify the building as potentially earthquake-prone at any time even if it is outside the categories identified in the earthquake-prone buildings methodology. For example, if the territorial authority becomes aware of issues that could impact your building’s performance such as a particular construction type or ground conditions.

If the building is located in a high or medium seismic risk area, it may also be a priority building. Priority buildings are certain types of buildings in high and medium seismic risk areas that are considered to present a higher risk because of their construction, type, use or location. Priority buildings need to be identified and remediated within half the time allowed for other buildings in the same seismic risk areas.

The territorial authority will inform the building owner if their building is a priority building when they identify it as potentially earthquake prone and request an engineering assessment.

Priority buildings (high and medium seismic risk areas) has more information on priority buildings, including advice for owners. 

Getting an engineering assessment

If the territorial authority has written to the building owner to say their building is potentially earthquake-prone, the building owner should contact an engineer with relevant skills and experience to obtain an engineering assessment. At a minimum this must be a structural engineer who is also a Chartered Professional Engineer.

Engineering New Zealand and the Association Representing Consulting and Engineering in NZ (ACENZ) have advice on finding an engineer, writing a brief, agreeing a contract and types of contracts. 

Engineering New Zealand - engineeringnz.org

Association Representing Consulting and Engineering in NZ - acenz.org.nz

The methodology to identify earthquake-prone buildings sets out the qualifications and experience engineers need to carry out an engineering assessment. It outlines the technical and reporting requirements for engineering assessments on earthquake-prone buildings and the circumstances where previous assessments (those completed before 1 July 2017) may be recognised.

Building owners have 12 months to provide an engineering assessment or other information about their building. If they need more time, they can ask their territorial authority for an extension of up to 12 months. They must apply for an extension no later than two months before the engineering assessment is due, and their territorial authority must let them know promptly whether or not the extension has been granted. Talk to the territorial authority about the process of applying for an extension.

If the building owner believes their building has been strengthened to an acceptable standard, and they already have an assessment by a Chartered Professional Engineer, they provide evidence to their territorial authority as soon as possible. The earthquake-prone building methodology outlines the circumstances where previous assessments may be recognised.

Buildings determined to be earthquake-prone

If the territorial authority determines that a building is earthquake-prone it will assign it an earthquake rating and issue an earthquake-prone building notice.

The building owner must display this notice in a prominent place on their building.

Information about your building will also be entered in the earthquake-prone building register .

The earthquake-prone building notice will include the timeframe for completing seismic work on the building. For example, if the building is a priority building and is in a high seismic risk area, you will have seven and a half years to strengthen or demolish the building from the date of the earthquake-prone building notice. If the building is in a low seismic risk area, the time frame for action will be 35 years.

If the unit or building is part of a larger earthquake-prone structure or is affected by an earthquake-prone part, the affected titles/lots will be listed on the earthquake-prone building notice.

For more information read, Territorial authorities issue earthquake-prone building notices for earthquake-prone buildings [PDF 187KB]

Challenging the local authority decision

If the building owner disagrees with their territorial authority’s decision that their building is earthquake-prone, or disagree with the earthquake rating, they encouraged to read the guidance in full, seek professional advice of an engineer, and talk to the territorial authority

If Building owners have taken these steps and still dispute the decision, they can apply to MBIE for a determination (a legally binding ruling) about nearly all the decisions territorial authorities make regarding earthquake-prone buildings.

Determinations has more information and includes a register than can be searched for previous determinations involving buildings identified as earthquake prone.

However, they cannot challenge their territorial authority if it takes enforcement action against them because they have not strengthened or removed their building by the deadline given in the earthquake-prone building notice.

Territorial powers where no action is taken has more information about fines and other territorial authority powers. LINK (Link to be finalised once structure is approved.)

Undertaking seismic work

If the building is determined earthquake-prone, building owners will have a set time frame for undertaking seismic work to ensure your building is no longer earthquake-prone. This will be specified on the earthquake-prone building notice issued to you.

However, if they are planning substantial alterations to an earthquake-prone building or part, they must do the required seismic work at the same time as the alterations.

Substantial alterations to earthquake-prone buildings has further information. LINK (Link to be finalised once structure is approved.)

Work with a building professional to agree an approach to the work that is suitable for the building and budget.

The building owner will need to think about:

• the resources they can commit to the project within the set time frame
• the potential impact on tenants in the building.

The territorial authority can give advice on the consent requirements for seismic work on the building and ways to respect heritage values.

If the work will involve fencing off part of the pavement or street, check what council permits or fees will be required.

Extensions for heritage buildings

If the building is a Category 1 historic place on the New Zealand Heritage List/Rārangi Kōrero, or included on the National Historic Landmarks list/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu, the building owner may be eligible to apply for an extension of up to 10 years to strengthen the building. They can talk to their council to find out if their building is eligible.

If they have a heritage building, there are funds that support work on heritage buildings. This includes Building Heritage Incentive Funds operated by some councils. Check to see if the council has one.

Contact Heritage New Zealand to find out if the building is entered on the New Zealand Heritage List/Rārangi Kōrero - heritage.org.nz

It is advisable to engage a Chartered Professional Engineer experienced in work on heritage buildings. Get advice from the council heritage advisor.

Substantial alterations

Substantial alterations to an earthquake-prone building (or part) are work that:

• needs a building consent, and
• together with other work consented in the past two years, has an estimated value of at least 25 per cent of the building's value and is more than $150,000.

Territorial authorities determine whether building work amounts to substantial alterations when they receive a building consent application. This decision is based on criteria set in regulations. Check with the council if planned work on the building could be considered substantial alterations.

Earthquake-prone buildings: substantial alterations [PDF 510KB]

Exemptions

Building owners may be able to apply to their territorial authority for an exemption from undertaking the necessary seismic work (this includes demolition). Exemptions recognise that, although a building may be earthquake-prone, the consequences of its failure would be low. They can talk to their territorial authority to find out if their building is likely to be eligible. They can also look at the regulations the territorial authority has to follow when it decides whether your building should get an exemption.

If you an exemption is granted, the building owner will still need to disclose to the public that their building is earthquake-prone. They will be issued an exemption notice by the territorial authority to display on the building and information will also be published on the earthquake-prone building register. LINK (Link to be finalised once structure is approved)

Exemptions from carrying out seismic work has more information about the process for applying for an exemption.

Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005 - www.legislation.govt.nz

The Building Act 2004 has detailed information about territorial authorities' powers - legislation.govt.nz

More information

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