EARTHQUAKE-PRONE,

DANGEROUS & INSANITARY

BUILDINGS POLICY
(2011-2016)

Earthquake-Prone, Dangerous & Insanitary Buildings Policy (2011 - 2016)

POLICY PURPOSE

uckland Council is required under s131 of

the Building Act 2004 to adopt a policy on
earthquake-prone, dangerous and insanitary
buildings and to review it within five years.
The Act also specifically recognises heritage
buildings may require a variation to such an
approach if their particular heritage values are not
to be compromised. It therefore makes provision
for the council policy to deal with earthquake
strengthening of such buildings in a systematically
different manner and on a case-by-case basis.
For instance, the council can consider dispensations
and waivers for issues of safety and sanitary
conditions for heritage buildings and consider lateral
or innovative approaches to achieving the desired
level of compliance.
This policy is required to state:
the approach Auckland Council will take in
performing
its functions under the

Building Act 2004;

the council's priorities in performing those

functions;
and
how the policy will apply to heritage buildings.

In developing and adopting its Earthquake-Prone,

Dangerous and Insanitary Buildings Policy
(2011-2016) Auckland Council followed the
consultative procedure set out in section 83 of the
Local Government Act 2002. It also consulted with
the Institute of Geological and Nuclear Sciences in
identifying the risk relating to casualty and economic
loss resulting from a moderate earthquake in the
Auckland geographic area. A further report has
been commissioned as per the recommendations
of the 2006 report. It is important to recognise the
seismic zone and risk will not change from what was
previously identified for the Auckland region.
The policy document is divided into three parts:

Part 1 - Earthquake-prone buildings;

Part 2 - Dangerous buildings; and
Part 3 - Insanitary buildings.

CONTENTS

PAGE

PART 1
1.0 Earthquake-prone buildings....................................................................................................................................................................4
2.0 Policy development approach................................................................................................................................................................4
3.0 Identifying earthquake-prone buildings Process overview.......................................................................................................5
4.0 Earthquake-prone buildings - Process detail ...................................................................................................................................5
5.0 Detailed assessment of earthquake-prone status...........................................................................................................................6
6.0 Taking action on earthquake-prone buildings..................................................................................................................................6
7.0 Required level of structural improvement.........................................................................................................................................6
8.0 Alterations to buildings and change of use;......................................................................................................................................7
9.0 Recording a buildings earthquake-prone status and access to information........................................................................7
10.0 Economic impact of policy......................................................................................................................................................................8
11.0 Buildings which can be excluded from this policy..........................................................................................................................8
12.0 Priorities..........................................................................................................................................................................................................9
13.0 Heritage buildings.......................................................................................................................................................................................9
PART 2
14.0 Dangerous buildings................................................................................................................................................................................ 10
15.0 Identifying dangerous buildings.......................................................................................................................................................... 10
16.0 Assessment criteria.................................................................................................................................................................................. 10
17.0 Taking action on dangerous buildings.............................................................................................................................................. 11
18.0 The dangerous buildings policy and the Building Act 2004..................................................................................................... 11
19.0 Access to dangerous building information..................................................................................................................................... 11
20.0 Economic impact of policy................................................................................................................................................................... 12
21.0 Priorities....................................................................................................................................................................................................... 12
22.0 Heritage buildings.................................................................................................................................................................................... 12
PART 3
23.0 Insanitary buildings.................................................................................................................................................................................. 12
24.0 Identifying insanitary buildings........................................................................................................................................................... 13
25.0 Assessment criteria.................................................................................................................................................................................. 13
26.0 Taking action on insanitary buildings............................................................................................................................................... 14
27.0 The insanitary building policy and the Building Act 2004........................................................................................................ 14
28.0 Recording of insanitary buildings....................................................................................................................................................... 14
29.0 Heritage buildings.................................................................................................................................................................................... 15
Appendix A................................................................................................................................................................................................................ 16

Earthquake-Prone, Dangerous & Insanitary Buildings Policy (2011 - 2016)

PART 1
1.0 EARTHQUAKE-PRONE
BUILDINGS
1.1 BACKGROUND

y 1 December 2011 Auckland Council was

required to have adopted a policy on earthquakeprone buildings.
The definition of an earthquake-prone building (EPB)
is set out in Section 122 of the Building Act 2004 and
the definition of a moderate earthquake is defined in
Regulation 7, 2005/32. It says:
In relation to a building, an earthquake that would
generate shaking at the site of the building that is of the
same duration as, but that is one-third as strong as, the
earthquake shaking (determined by normal measures of
acceleration, velocity and displacement) that would be
used to design a new building at the site.
Buildings are made up of a number of parts and parts
of the building that are found to be earthquake-prone
will require strengthening.
The significant change from the 1991 Building Act
is that more buildings are potentially covered by the
definition and a higher level of structural performance
of buildings is required.

1.2 CONTEXT

uckland is in a zone of low seismic activity.

Its buildings comprise a range of types and ages
reflecting the steady development over the last
150 years. Construction materials include wood,
unreinforced masonry, framed masonry, brick veneer
as well as modern multi-storey steel and concrete
buildings. The major concentration of buildings
constructed prior to 1976 is located in the previous
Auckland City area.
In the past, Aucklands legacy councils did not
actively pursue a policy of strengthening every
earthquake-prone building and primarily used the
change of use provisions of the Building Act 2004 to
require building owners to upgrade their buildings.
Subsequent to adopting earthquake-prone, dangerous
and insanitary building policies in May 2006 each of
the Auckland regions legacy councils compiled a list
of potentially earthquake-prone buildings as defined
by section 122 of the Building Act 2004. These EPB

policies and lists have been used as the basis for

establishing the overall register of earthquake-prone
buildings for the Auckland Council geographic area.
The greatest concentration of these buildings is in the
legacy Auckland City geographic area. This has also
been verified by previous records and assessments of
these buildings held on file.
Any strengthening work that has been undertaken to
date in the Auckland Council area has been as a result of:
owners acting on their own accord;
property
upgrades of council-owned heritage
major
scheduled buildings; or
property owners had applied for a building
where
consent for a change of use of their buildings or
part of their building and strengthening
was required under s46 of the Building Act 1991.

2.0 POLICY
DEVELOPMENT APPROACH

his policy has been developed and will be

implemented using a pragmatic approach. This
reflects the councils goal to reduce earthquake risk
over time, but in a way that is acceptable to the
community in social and economic terms.
The pragmatic approach addresses the following
considerations:
intent and provisions of the Building Act 2004
The
concerning earthquake-prone buildings;
broader concern with the life safety
Governments
of the public in buildings;
need to address life safety in the event of an
The
earthquake rather than seeking to avoid all damage

to buildings;

early learnings derived out of the Canterbury

The
earthquakes and initial recommendations of the

Canterbury Earthquakes Royal Commission.

Auckland Council is committed to ensuring the

Auckland Council geographic area is a safe place
to live and work in. The earthquake-prone building
policy is consistent with councils strategic priority
for a safe city as outlined in the councils draft LongTerm Plan1.
As at 24 November 2011 when this policy was adopted Auckland
Councils Long Term Plan was still in draft.
1

3.0 IDENTIFYING EARTHQUAKE-PRONE BUILDINGS

PROCESS OVERVIEW

Buildings that will not require further assessment

include those:
or strengthened to the 1976 NZS4203
designed
and subsequent codes, unless they have a

critical structural weakness.

STAGE 2

ey actions will include:

potentially earthquake-prone buildings

identifying
that previously may not have been identified;
the register of buildings that are
updating
potentially earthquake-prone in terms of
the Building Act 2004;
owners that their building has been
advising
identified as being potentially earthquake-prone;
whether a building (or part of) is an
determining
EPB as defined in the Act;
necessary, issuing written notices under s124
where
of the Building Act 2004;
EPBs, determining with building owners the
forappropriate
scope and timetable of this policy for

o be completed in three phases by December

2011, December 2012 and December 2015.

This stage will result in the completion, by the

council, of an initial evaluation of the seismic
performance (IEP) of relevant buildings in the
event of an earthquake - phased according to
importance level (see Appendix A). This will be based
on assessment data obtained by using the New
Zealand Society of Earthquake Engineering (NZSEE)
Assessment and Improvement of the Structural
Performance of Buildings in Earthquake.

STAGE 3

s each IEP is completed, the building owner(s)

will be notified of the results and provided with
a three-month response time (four months if this
period falls over the Christmas break) to provide
building improvement if the council decides to issue additional information to allow for review of the final
a notice.
IEP grading. Final IEP assessment data and gradings
will be added to the council's register of potentially
earthquake-prone buildings, arranged into the
following categories:

4.0 EARTHQUAKE-PRONE
BUILDINGS - PROCESS DETAIL
Auckland Council has adopted a staged approach
as outlined below.

STAGE 1

he council will maintain a seismic performance

database of all buildings that could be potentially
earthquake-prone, based on age, building use
and construction form and materials. A register
of potentially earthquake-prone buildings will be
maintained as a subset of that database.
To complete this list the council will:

with special post-disaster functions as

Buildings
defined in AS/NZS 1170.0: 2002, Importance Level

4 (see Appendix A);

that contain people in crowds or contents

Buildings
of high value to the community as defined in AS/
NZS 1170.0: 2002, Importance Level 3
(see Appendix A);
buildings or structures identified on
Heritage
District Plan schedules NZHPT Register, and other
significant buildings or structures forming part of a
Conservation Area or Special Character Area;
with an Importance Level less than 3 as
Buildings
defined in AS/NZS 1170.0:2002 (see Appendix A)
and timeframes for there to be a detailed
assessment and possible strengthening work.

out a field survey to check accuracy of

carry
information held on legacy councils files. (Note:

The register of potentially earthquake-prone buildings

will be maintained and updated on an ongoing basis
Buildings unlikely to be EPBs will not be assessed at to reflect any information obtained by or provided to
the council which affects the earthquake-prone status
this stage.)
of a building.

Earthquake-Prone, Dangerous & Insanitary Buildings Policy (2011 - 2016)

5.0 DETAILED ASSESSMENT

OF EARTHQUAKE-PRONE
STATUS

arthquake-prone buildings are defined in the

Building Act 2004 as those whose ultimate
capacity will be exceeded in a moderate earthquake
as defined in Regulation 7 of the Act, and would be
likely to collapse causing injury or death or damage
to any other property. Special attention will be given
to the intact survival of essential emergency egress
routes, such as stairs and ramps, notwithstanding the
possibly adequate strength of the building containing
them.
The detailed assessment will make use of appropriate
materials standards and other New Zealand and/
or overseas publications relevant to assessment of
existing buildings for earthquake loadings. The owner
is required to carry out the detailed assessment,
except where Auckland Council chooses to carry
out the assessment. Average known or measured
strengths of materials may be used when assessing
ultimate capacities of structural elements.
To allow for updating the register, any detailed
assessment should provide an accurate measure of the
percentage of the National Building Standard (NBS),
which will supersede any IEP scores held on file.

6.0 TAKING ACTION ON

EARTHQUAKE-PRONE
BUILDINGS

hen the council has satisfied itself a building

or part of a building is earthquake-prone, it
will advise and liaise with the owner(s) regarding
resolution of the buildings status. In accordance with
s124 and s125 of the Building Act 2004, it may:
attach a written notice to the building stating what
work is required within a time stated in the notice, to
reduce or remove the danger;
provide copies of the notice to the building owner(s),
occupier(s) and every person who has an interest in

the land or is claiming an interest in the land, as well

as the councils Heritage Manager and the
New Zealand Historic Places Trust if the building is a
scheduled and/or registered heritage building;
liaise with the owner(s) to assess the progress of
compliance with the notice;
contact the owner(s) at the expiry of the time
period set down in the notice in order to gain access
to the building to ascertain whether the notice has
been complied with;
pursue enforcement action under the Act if the
requirements of the notice are not met
within the time stated in the notice as well
as any other non-compliance matters.

However, it should be noted the council would discuss

options for action with owners before deciding whether
a notice under s124 will be issued. The purpose of these
discussions will be to develop an agreed approach for
the building. A notice may then be issued stating the
particular parts for which the danger is to be reduced by
strengthening to an ultimate capacity of at least 34%
NBS, or be removed. The owner(s) will then need to
provide a formal proposal with respect to the work they
will undertake. Council can then formally accept the
proposal.
Owners have the right of appeal as defined in the
Building Act 2004. This can include applying to the
Department of Building and Housing for a determination
under s177.

7.0 REQUIRED LEVEL

OF STRUCTURAL
IMPROVEMENT

here a notice has been issued, buildings or

parts of buildings identified as earthquakeprone will be required to be strengthened to no
less than 34%NBS. The council will consider any
reasonable approach proposed for improving the
seismic performance of a building which is found to
be earthquake-prone and a notice has been issued.
The proposed work will be assessed on a case-bycase basis, taking into account the relevant principles
and requirements set out in the Building Act 2004.
Guidance on building assessment and strengthening
is available from a number of sources, including the
NZSEE 2.

Auckland Council reserves the right to modify this

policy to adopt any legislative changes requiring a
higher standard. Any notice requiring upgrade will
immediately be superseded by the new requirement,
and any upgrade work to 34%NBS will not preclude
the issuing of a new notice to a higher level.
This superseding will not apply to buildings
strengthened to 34%NBS under the policies of legacy
councils, except where a change to the definition of
an earthquake-prone building is made in national
legislation.
2. Assessment and improvement of the structural performance of buildings in
earthquake recommendations of a NZSEE study group June 2006

8.0 ALTERATIONS
TO BUILDINGS AND
CHANGE OF USE
8.1
S112 ALTERATIONS AND ADDITIONS
TO EXISTING BUILDINGS NOT INVOLVING A
CHANGE OF USE AS DEFINED IN REGULATION 5

his section of the Building Act 2004 applies

where an application is made to alter an existing
building. In deciding to issue a consent the council
must be satisfied the altered building will comply as
nearly as reasonably practicable with the building
code in terms of means of escape and access for
disabled and this will continue to apply.

8.2 S115 CHANGE OF USE

he Building Act 2004 provisions regarding change

of use are separate from the Acts provisions
relating to earthquake-prone buildings.
When an owner is required to notify a change of use
for a building, then an upgrade of the structure of
the building is required as nearly as is reasonably
practicable with the Building Code. Notification of
change is defined within the Act by Regulation 5 & 6
and Schedule 2.

9.0 RECORDING A BUILDINGS

EARTHQUAKE-PRONE STATUS
AND ACCESS TO INFORMATION

n granting access to information concerning EPBs

and potential EPBs, the council will conform to
the requirements of the Building Act 2004 & Local
Government Official Information and Meetings Act.
Building owners will be encouraged to obtain an
initial evaluation report identifying if their building is
earthquake-prone and to forward a copy of the report
to the council for inclusion on the register if one has
not already been carried out and included through
council assessments.
The council will keep, and update as necessary, a
register of all potentially EPBs for which an initial
evaluation (IEP) has been done, and of those for which
it has been agreed with the owner(s) following a
detailed assessment (assessed) that the building is an
EPB. The register will record details of the outcome
of the assessment, the details of any notices issued
and any strengthening which may have been done.
In addition, the register will include the details of
any assessments that have shown a building is not
earthquake-prone (or suspected of being) for the
purpose of comprehensiveness.
Information on the register will also be made available
as follows.
The following information will be placed on the Land
Information Memorandum (LIM) for each building that
has been assessed:

and legal description of land and building;

Address
Provisional
(A, B, C, D or E) or detailed
assessment IEPgradegrading
(%NBS score), with an explanation
of the grade;
Statement the building is on the councils register
of potential earthquake-prone buildings if the
provisional grade is a D or E where an IEP has been
completed, or that it has been deemed earthquake-
prone following a detailed assessment with a %NBS
score less than 34%;
Identification of a s124 notice, if one has been issued;
Date by which strengthening is required, if a s124
notice has been issued:
Statement that further details are available from
the council, and that the council has a cost-
recovery policy and this will apply where it
provides these details.

Earthquake-Prone, Dangerous & Insanitary Buildings Policy (2011 - 2016)

The following information will be accessible via the

property file:

Detailed assessment report, if one has been carried out;

reports (geotechnical etc) if
Associated
provided. (Please note: Some reports may be
IEP report, if one has been carried out;

deemed confidential and will only be available

with the authorisation of the building owner(s) or
responsible agency.)

10.0 ECONOMIC
IMPACT OF POLICY

ndications from the 2005 report commissioned

by the Auckland City Council from the Institute of
Geological and Nuclear Sciences entitled Estimated
Damage and Casualties from Earthquakes affecting
Auckland City are that the risk of substantial
economic loss due to a moderate earthquake as
defined in regulation 7 (see 1.1 of this policy) is low
for Auckland. The information within the report
relating to seismicity can be applied across the
Auckland Council region.
A further economic assessment will occur during the
initial building evaluation phase and identification of the
scale and extent of the required strengthening work by
this policy will need to be completed by 2015 to provide
appropriate guidance to the public. A separate report
on the economic impact of the policy will be prepared
for Auckland Council. This will be prepared during stage
two, (see section 4.0 of this policy).
Policy implementation will ensure a balance is struck
between the need to address earthquake risk, heritage
preservation and the social and economic implications
for the four categories of buildings in 12.0.

11.0 BUILDINGS WHICH

CAN BE EXCLUDED
FROM THIS POLICY

he equivalent static earthquake forces for the

design of buildings in Auckland have not changed
much since earthquake design began with the
introduction of NZS 95 in 1935. This was followed by
NZS 1900, Chapter 8, then by NZS 4203 in 1976, by
the Building Act 1991 and now the Building Act 2004.
From 1976 onwards various other factors have been
introduced from time to time to take account of the
performance of differing structural types, constructed
using different materials with differing detailing
standards (and hence differing degrees of ductility),
and on differing soil types.
In contrast, for the high earthquake risk areas,
the equivalent static earthquake forces have
substantially increased in recent years, which mean
that there are likely to be many more EPBs for older
buildings from a particular design era in Wellington
(say) than in Auckland.
The definition of an EPB part means the existing part
must be at least three times weaker than would be
the case if designed now to the building code. This
will be the basis for developing categories of buildings
which can be excluded from this policy.
Over time Auckland Council will, through continued
data collection and analysis, develop a database of
buildings of differing ages, materials and structural
types to allow for a more appropriate targeting of
resources to at-risk structures and exemptions for
those deemed not to be at-risk.
In the meantime all buildings designed to NZS 4203:
1976 and later will be deemed to be excluded from
the requirement for assessment and upgrade. It should
be noted however that the results of the Canterbury
Earthquakes Royal Commission and any subsequent
legislative changes may broaden the scope of this
policy should critical weaknesses be found in post1976 structural design.

12.0 PRIORITIES

he policy has the following timing priorities with

respect to confirming if a building is an EPB and if
the council decides a notice under s124 is to be issued
requiring the building to be strengthened and removed
from the register:
a.

or structures as registered under the

buildings
Historic Places Act 1993;
buildings or structures constructed prior to 1900.
Auckland Council believes the ongoing survival of
heritage buildings needs to be actively promoted.
However, the council does not want to see the
strengthening work adversely affect the intrinsic value
of these buildings. Where the detailed structural
assessment confirms that the building is earthquakeprone, the council will work with the owner(s) to
develop a mutually acceptable way forward. Again,
consistent within this policy, where agreement cannot
be reached, the council will issue a notice under s124
of the Building Act 2004.

Buildings with special post-disaster functions as

defined in AS/NZS 1170.0:2002, Importance
Level 4 (see Appendix A) to be assessed by
December 2011 and if found to be EPBs and if
notices are issued, to be strengthened or
removed from being recognised as having a post-
Special effort will be made to meet heritage
disaster function within 10 years (i.e. 2021).
objectives and may include the use of dispensations
b. Buildings that contain people in crowds or
and waivers to avoid forcing work which has a
contents of high value to the community as
significantly negative impact on heritage places,
defined in AS/NZS 1170.0: 2002, Importance
especially where the level of non-compliance is
Level 3 (see Appendix A) to be assessed by
technical rather than significant, or where the level
December 2012 and if found to be EPBs and
of risk can be adequately mitigated by a more
if notices are issued, to be strengthened or
flexible approach to levels of strengthening and to
removed from this use within 10 years,
strengthening techniques under the Building Act 2004.
(i.e. 2022). This section will not include heritage Strengthening work and techniques that respect and
buildings.
protect the heritage will be advocated.
c.

Heritage buildings scheduled in district plans

and/or registered by the New Zealand Historic
Places Trust (as defined in section 13.0) to be
assessed by December 2015 and if found to be
EPBs and if notices are issued, to be
strengthened, within 30 years (i.e. 2045).

d.

Buildings with an Importance Level of less

than three as defined in AS/NZS 1170.0: 2002
(see Appendix A) to be assessed
by December 2015 and if found to be EPBs and
if notices are issued, to be strengthened within
20 years (i.e. 2035).

Where a heritage building is damaged by an

intervening event (such as fire) which renders the
building earthquake-prone, dangerous or insanitary,
any building work (other than demolition of all or part
of the building) required by s124 notice to reduce
or remove that danger will be in accordance with
what is necessary to facilitate the preservation of the
buildings heritage value.
These provisions may include the retention of
historic building material or components (such as
brick or stone) for reconstruction purposes, and the
recording or damaged elements or details, rather than
the immediate removal of such materials and their
disposal.

13.0 HERITAGE BUILDINGS

or the purposes of this part of the policy heritage

buildings are:

structures scheduled as such in a district plan;

buildings forming part of a Conservation Area or
Special
Character Zone as identified within
a district plan;

Earthquake-Prone, Dangerous & Insanitary Buildings Policy (2011 - 2016)

PART 2
14.0 DANGEROUS BUILDINGS
14.1 BACKGROUND

y 1 December 2011 Auckland Council was

required to have adopted a policy on dangerous
buildings.
The definition of a dangerous building is set out in
s121 (1) of the Building Act 2004. It says:
A building is dangerous for the purposes of this
Act if,a. in the ordinary course of events (excluding the
occurrence of an earthquake), the building is likely
to causei. injury or death (whether by collapse or
otherwise) to any persons in it or to persons
on other property; or
ii. damage to other property; or
b. in the event of fire, injury or death to any person
in the building or to persons on other property is
likely because of fire hazard or the occupancy of
the building.

14.2

POLICY PRINCIPLES

which will place considerable pressure on existing

building stock. Conversions of existing aged
buildings, lack of maintenance, overcrowding and
illegal building alterations can cause serious building
problems for occupants. The failure to obtain a
building consent or the negligent use of a building
for a purpose for which it is not suitable can result
in a building no longer complying with the building
code and pose a danger to the occupants. Dangers
could include inadequate fire protection, means of
escape or danger of collapse.
The council is actively involved in educating the
public on the need to discuss development plans
with it and to obtain building consent where
necessary. Where necessary the council will initiate
enforcement action under the Building Act 2004.

15.0 IDENTIFYING
DANGEROUS BUILDINGS

he council will:

to and investigate all building

respond
complaints received;
from these investigations any buildings that
identify
are dangerous;
the owner(s) and occupier(s) of the building
inform
to take action to reduce or remove the danger, as is

required by s124 and s125 of the Building Act 2004;

The approach addresses the following considerations:

the Building Act 20043.

his policy has been developed and will be

implemented using a pragmatic approach.

and provisions of the Building Act 2004;

Intent
G

overnments
concern with the life safety
of the public inbroader
buildings.
The council is committed to ensuring the Auckland
Council region is a safe place to live and work in. The
dangerous building part of this policy is consistent
with the Auckland Councils strategic direction
indicators as outlined in the Auckland Plan to
deliver on the current and future social, economic,
environmental or cultural well-being of the local
board area or Auckland region and any statutory
responsibility.

with the New Zealand Fire Service when

liaise
deemed appropriate, in accordance with s121(2) of

16.0 ASSESSMENT CRITERIA

he council will assess dangerous buildings in

accordance with s121(1) of the Building Act 2004.

3. s121 of the Building Act 2004 says

For the purpose of determining whether a building is dangerous in terms of s121
subsection
(1) (b), a territorial authority-

Auckland Council is expecting strong growth over

the next 40 years with an expected increase in
population from 1.4 million people to 2.2 million,

10

(a) May seek advice from members of the New Zealand Fire Service who have
been notified to the territorial authority by the Fire Service National Commander
as being competent to give advice; and
(b) If the advice is sought, must have due regard to the advice.

17.0 TAKING ACTION

ON DANGEROUS BUILDINGS

n accordance with s124 and s125 of the Building Act

2004, the council:

ill advise and liaise with the owner(s) of buildings; and

wmay
request a written report on the building from
the New
Zealand Fire Service.
Where a building is found to be dangerous the
council will:

a written notice to the building requiring

attach
work to be carried out on the building to reduce or
remove the danger within the time stated
in the notice and not being less than 10 days;

18.0 THE DANGEROUS

BUILDINGS POLICY AND
THE BUILDING ACT 2004
S41: BUILDING CONSENT NOT REQUIRED IN
CERTAIN CASES

here a building is assessed as being

immediately dangerous the council may not
require a building consent be obtained for any of the
immediately necessary building work. However, prior
to any action being taken, the council will require
from owners and discuss with them, a written scope
of the work.

copies of the notice to the building owner(s),

give
occupier(s) and every person who has an interest in

the land or is claiming an interest in the land, as

well as the councils Heritage Manager and
New Zealand Historic Places Trust if the building is
a scheduled and/or registered heritage building;

the owner(s) at the expiry of the time

contact
period set down in the notice in order to

gain access to the building to ascertain whether the

notice has been complied with;
the danger is the result of non-consented
where
building work issue a Notice to Fix under s124 of
the Building Act 2004;

Building notice requirements

ifasthewellDangerous
as any other non-compliance matters are
not met within a reasonable period of time, pursue
enforcement action under the Building Act 2004.
If the building is considered immediately dangerous,
the council will:

19.0 ACCESS TO DANGEROUS

BUILDING INFORMATION

here a building is identified as dangerous,

Auckland Council will have a requisition
placed on the property file where the building is
situated. This requisition will remain until the
danger is remedied.
In granting access to information concerning
dangerous buildings, the Council will conform to
the requirements of the Local Government Official
Information and Meeting Act 1987 and the Local
Government Act 2002.
In addition, the following information will be placed
on the LIM:

any action necessary to remove the danger

take
he notice issued informing the owner(s) that the
Tbuilding
(this may include prohibiting persons using or
is dangerous and, if issued, the notice of
occupying the building and demolition of all or part
of the building); and

the requirement to evacuate;

A copy of the letter to the owner(s), occupier(s)

and
action to recover costs from the owner(s) if
take
any other person advising the
the council must undertake works to remove
the danger;

building is dangerous;

copy of the notice given under section 124(1)

Aidentifying
the owner(s) the amount recoverable by
inform
the work to be carried out on the
Auckland Council will become a charge on the land
on which the building is situated.

building and the timeframe given to reduce or

remove the danger.

Owners have the right of appeal as defined in

the Building Act 2004. This can include applying
to the Department of Building and Housing for a
determination under s177.

11

Earthquake-Prone, Dangerous & Insanitary Buildings Policy (2011 - 2016)

20.0 ECONOMIC
IMPACT OF POLICY

n any one year the council could expect to receive

400 complaints relating to potentially dangerous
buildings and as a result issue 20 Dangerous Building
Notices. Consequently, the council has concluded the
economic impact of this is negligible.

21.0 PRIORITIES

he council will act on buildings deemed to be

immediately dangerous as a matter or urgency.
In these circumstances immediate action will be
required to remove the danger and could include
prohibiting any person occupying or using the
building and, where needed, boarding the building up
to prevent entry.
Buildings determined to be dangerous, but not
immediately dangerous, will be subject to the
minimum timeframes for reduction or removal of
the danger (i.e. not less than 10 days) as set out in
s124(1) (c) of the Building Act 2004.

22.0 HERITAGE BUILDINGS

or the purposes of this part of the policy

heritage buildings are:

structures scheduled as such in a district plan;

uildings or structures forming part of a
bConservation
Area or Special Character Zone as
identified within a district plan;
or structures as registered under the
buildings
Historic Places Act 1993;
buildings or structures constructed prior to 1900.
Heritage buildings will not be given systematic
dispensation under this part of the policy. However,
where a risk is minor and no accidents are known to have
occurred in the past as a result and where mitigation

12

or full compliance would result in significantly negative

impacts to the heritage value, then, innovative nondamaging approaches will be accepted. The alternative
approaches would still need to demonstrate mitigation
of the identified risks.
In cases where compliance with any aspect of the
Building Act 2004 would so damage the attributes of a
place to the extent that its very role as a valued heritage
item is compromised then case-by-case consideration
of a dispensation or waiver may be negotiated by the
appropriate council officer acting under delegated
authority.
This procedure is in accordance with established practices
and has been used on a number of occasions. Examples
are the non-complying height of the Auckland Town
Hall balcony rail (where an increase to code height
would obliterate sightlines for much of the balcony,
and where no accidents are known to have occurred),
or non-complying stair tread/riser/handrail dimensions
in the Civic Theatre and Old Central Post Office, where
compliance would involve complete reconstruction and
therefore destruction of the precious original element.
Where a dangerous building notice is issued for a
heritage building a copy of the notice will be sent to the
New Zealand Historic Places Trust as required by s125
(2) (f) of the Building Act 2004.

PART 3
23.0 INSANITARY BUILDINGS
23.1 BACKGROUND

y 1 December 2011 Auckland Council was

required to adopt a policy on insanitary buildings.

The definition of an insanitary building is set out in

s123 of the Act. It says:
A building is insanitary for the purposes of this Act if
the buildinga. is offensive or likely to be injurious to health
becausei. of how it is situated or constructed; or
ii. it is in a state of disrepair; or
b. has insufficient or defective provisions against
moisture penetration so as to cause dampness in
the building or in any adjoining building; or

c. does not have a supply of potable water that is

adequate for its intended use; or
d. does not have sanitary facilities that are adequate
for its intended use.
The provisions of the Act with respect to insanitary
buildings reflect the Governments broader concern
with the health and safety of people occupying
buildings where it may be considered insanitary. This
is particularly so in the older building stock in Auckland
City and (potentially) buildings that has been identified
as having severe weathertightness issues.
Auckland also has a substantial number of buildings
that are subject to weathertightness issues. In these
severe cases insanitary conditions can occur.

23.2

POLICY DEVELOPMENT APPROACH

rowth in Auckland is resulting in a reduction in

the availability of affordable housing. As a result
there is an increased incidence of overcrowding,
occupation of garages, basements and sleep-outs
and an increase in numbers of apartments. Often
the associated conversions are undertaken without a
building consent and do not comply with the Building
Code. Insanitary conditions can prevail in these
circumstances.
The council is actively involved in encouraging
people to discuss their development plans with the
council and, where necessary, to obtain building
consent prior to the work beginning. This is
particularly important to avoid creating insanitary
conditions. The council has and will initiate
enforcement action under the Building Act 2004
when appropriate.

25.0 ASSESSMENT CRITERIA

he council will assess insanitary buildings in

accordance with s123 of the Building Act 2004,
established case law, the Building Code and advice
from the Medical Officer of Health.
The council will determine:

if the building is occupied;

what the building is being used for; and
hether the insanitary conditions pose a reasonable
wprobability
of being potentially dangerous to the
health of any occupants.
Where a building is occupied considerations
may include:

adequacy of available sanitary facilities;

adequacy and availability of drinking water;
he separation of kitchen and other sanitary
tfacilities;
otential for moisture penetration taking into
paccount
construction materials and any defects in
roof and walls; and
he extent to which the building is offensive to
tadjacent
and nearby properties.
In accordance with the Building Code, the following
clauses are relevant:

E2 (External Moisture)
G1 (Water Supplies)
G1 (Personal Hygiene).

24.0 IDENTIFYING
INSANITARY BUILDINGS

he council will:

all building complaints received;

investigate
i

dentify
from
investigations any buildings
considered to these
be insanitary;
i

nform
the
owner(s)
action necessary to
prevent the building offromtheremaining
insanitary;
l

iaise
with
the
Auckland
Regional
Public
Service (Medical Officer of Health) whereHealth
occupants
may be neglected or infirm.

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Earthquake-Prone, Dangerous & Insanitary Buildings Policy (2011 - 2016)

26.0 TAKING ACTION ON

INSANITARY BUILDINGS

27.0 THE INSANITARY

BUILDING POLICY AND
THE BUILDING ACT 2004

he council will:

dvise and work with the owner(s) of the buildings

Aidentified
as being potentially insanitary.

S41: BUILDING CONSENT NOT REQUIRED IN

CERTAIN CASES.

Where the building is found to be insanitary, the

council will:

ttach written notice to the building requiring

awork
to be carried out on the building to prevent
the building from remaining insanitary, with a
time stated on the notice that is not less than 10
working days;
ive copies of the notice to the building owner(s),
goccupier(s),
and every person who has an interest
in the land or is claiming an interest in the land, as
well as the councils Heritage Manager and the New
Zealand Historic Places Trust if the building is a
scheduled and/or registered heritage building;
where the insanitary conditions are the result of non-
consented
work, issue a Notice to Fix.
the owner(s) at the end of the period set
contact
down in the notice to gain access to the building
and determine whether the notice has
been complied with;
if enforcement action should be pursued
determine
under the Act if the requirements of the notice
have not been met.
Where the council considers immediate action is
required to fix insanitary conditions the council will:

here a building is assessed as requiring

immediate work to address the insanitary
conditions the council may not require a building
consent be obtained for any of the immediately
necessary building work. However, prior to any
action being taken, the council will require from
owners and discuss with them a written scope of
the work.

28.0 RECORDING OF
INSANITARY BUILDINGS

here a building is identified as insanitary,

Auckland Council will have a requisition placed
on the property file where the building is situated.
This requisition will remain until the danger is
remedied.
In addition the following information will be placed on
the LIM:
he notice issued informing the owner(s) the
Tbuilding
is insanitary and, if issued, notice of the
requirement to evacuate;

letter to owner(s), occupier(s) and

Aanycopyotherof the
relevant person(s) advising the building is
action to recover costs from the owner(s) if
insanitary;
ttheakecouncil
has had to undertake works to address
of the notice given under section 124(1)
Athatcopyidentifies
the insanitary conditions;
the work to be carried out on the
i

nform
the
owner(s)
the
amount
recoverable
by
building
and
the
the council will become a charge on the land on remove the danger;timeframe given to reduce or
which the building is situated.
ny report that describes work that has been
Aundertaken
All owners have a right of appeal as defined in
to remedy the insanitary conditions.
t ake action necessary to fix those insanitary
conditions; and

the Building Act 2004. This can include applying

to the Department of Building and Housing for a
determination under s 177 of the Act.

14

29.0 HERITAGE BUILDINGS

or the purposes of this part of the policy heritage

buildings are:

identified within a district plan;

structures as scheduled in a district plan;

or structures forming part of a
buildings
Conservation Area or Special Character Zone as
or structures as registered under the
buildings
Historic Places Act 1993;
buildings or structures constructed prior to 1900.
Heritage buildings will not be given systematic
dispensation under this policy. However, as with
earthquake risk and other dangerous aspects, where
the non-compliance is minor, and where to correct
the situation would involve destruction or visual
compromise of high-value items, the appropriate
council officer acting under delegated authority may
negotiate consideration of a dispensation or waiver.
This procedure is in accordance with established
practice and has been used on a number of occasions.
Examples are textured wall surfaces in areas of the
Civic Theatre behind food and beverage service areas,
and (in the same building) non-impermeable restored
mosaic floor tiling in areas leased as a caf from time
to time.
Where a notice is issued for a heritage building a copy
of the notice will be sent to the councils Heritage
Manager and to the New Zealand Historic Places Trust
as required by s125 (2) (f) of the Building Act 2004.

15

Earthquake-Prone, Dangerous & Insanitary Buildings Policy (2011 - 2016)

APPENDIX A
IMPORTANCE LEVELS FOR BUILDING TYPES - NEW ZEALAND STRUCTURES*
Importance level
1

Comment

Examples

Structures presenting a low degree of

hazard to life and other property

Structures with a total floor area of <30m2

Farm buildings, isolated structures, towers in rural situations
Fences, masts, walls, in-ground swimming pools

Normal structures and structures not in

other importance levels

Buildings not included in Importance Levels 1. 3 or 4

Single family dwellings
Car parking buildings

Structures that as a whole may contain

people in crowds or contents of high
value to the community or pose risks to
people in crowds

Buildings and facilities as follows:

(a) Where more than 300 people can congregate in one area
(b) Day care facilities with a capacity greater than 150
(c) Primary school or secondary school facilities with a capacity
greater than 250
(d) Colleges or adult education facilities with a capacity greater
than 500
(e) Health care facilities with a capacity of 50 or more resident
patients but not having surgery or emergency treatment
facilities
(f) Airport terminals, principal railway stations with a capacity
greater than 250
(g) Correctional institutions
(h) Multi-occupancy residential, commercial (including
shops), industrial, office and retailing buildings designed to
accommodate more than 5000 people and with a gross area
greater than 10000m2
(i) Public assembly buildings, theatres and cinemas of greater
than 1000m2
Emergency medical and other emergency facilities not designated
as post-disaster
Power-generating facilities, water treatment and wastewater
treatment facilities and other public utilities not designated as
post-disaster
Buildings and facilities not designated as post-disaster containing
hazardous materials capable of causing hazardous conditions that
do not extend beyond the property boundaries

Structures with special

post-disaster functions

Buildings and facilities designated as essential facilities

Buildings and facilities with special post-disaster function
Medical emergency or surgical facilities
Emergency service facilities such as fire, police stations and
emergency vehicle garages
Utilities or emergency supplies or installations required as backup
for buildings and facilities of Importance Level 4
Designated emergency shelters, designated emergency centres and
ancillary facilities
Buildings and facilities containing hazardous materials capable
of causing hazardous conditions that extend beyond the
property boundaries

Special structures (outside the scope of this

Standard-acceptable probability of failure
to be determined by special study)

Structures that have special functions or whose failure poses

catastrophic risk to a large area (e.g. 100 km2) or a large number of
people (e.g. 100,000)
Major dams, extreme hazard facilities

This table has been reproduced from AS/NZS 1170.0:2002 with the permission of Standards
New Zealand under Copyright License 000908. Copies of the complete Standard may be
purchased from www.standards.co.nz.
*

16