Earthquake-prone building remediation deadline and other matters Bill has first reading

The timeframe extension is to help provide clarity and certainty to building owners and territorial authorities about their obligations while the review for seismic risk management in existing buildings is underway.  

The timeframe will provide reprieve from compliance and enforcement challenges for building owners and territorial authorities where remediation deadlines were set to expire over the next four years. 

The Bill aims to extend all non-lapsed earthquake-prone building remediation deadlines, as at 2 April 2024, by four years, with an option to extend by a further two years if required.  

The Bill is on track to be passed by the end of this year, which will amend the Building Act and apply the deadline extension for eligible building owners. It’s important that territorial authorities note that EPB notices cannot be updated before the Bill has passed.

Other matters that are also being tracked through the Bill include: 

• Independent qualified persons and building warrant of fitness scheme 
• Other minor and technical amendments.

Independent qualified persons and building warrant of fitness scheme

This Bill will give effect to decisions made by Cabinet following the Loafers Lodge fire in May 2023, to clarify the obligations of independently qualified persons in issuing a form 12A and to introduce a new standard offence for negligently issuing one. It is proposed that the penalty for this offence will be a fine not exceeding $50,000 for an individual and $150,000 for a body corporate.

The Bill also seeks to increase the infringement fees for building owners for failing to supply a territorial authority with a building warrant of fitness, and for failing to display a building warrant of fitness as required, from $250 to $1,000.

Other minor and technical amendments 

The draft bill also contains minor and technical amendments that primarily address inconsistencies and improve efficiency for regulated parties in relation to:

• dam safety penalties and obligations – to remove the obligation on a dam owner to display a copy of a dam compliance certificate in a prominent place on the dam, replacing it with requirements for the certificate to be forwarded to the relevant regional authority 
• building levy payment requirements for building consent authorities – to require stand-alone building consent authorities to pay the building levy directly to MBIE and set out the respective responsibilities of territorial authorities and standalone building consent authorities 
• provisions relating to pools - to achieve the policy intent of the Building (Pools) Amendment Act 2016 by exempting small heated pools with a safety cover that either complied with the building code when it was installed, or currently complies with the building code, from the requirement for periodic inspection 
• provisions relating to certificates of acceptance for building work – to clarify that if a certificate of acceptance for any work is issued under section 96 of the principal Act, it is not necessary for any person to apply for a building consent in respect of that work.

The Bill is expected to be passed by the end of 2024. 

Earthquake-prone building system review

The review commenced in June and is considering how best to manage seismic risk in existing buildings in a way that is workable, equitable, and proportionate to the risk posed – balancing life safety risks against the costs of regulation and impact on property owners. More information about the review can be found on our website.

Earthquake-prone building and seismic risk management review.

If you are an owner of an earthquake-prone building or have had experience with the current system, we are also keen to hear from you.

Submit your Earthquake Prone Buildings feedback(external link) - wufoo.com.