Remediation deadline relief for earthquake-prone building owners

Remediation deadlines extension

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. 

It will also provide temporary relief from compliance and enforcement challenges for territorial authorities, some of whom have large clusters of deadlines otherwise due to expire in the coming years.

The extension applies automatically to all 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 Ministry of Business, Innovation and Employment (MBIE) is developing guidance for territorial authorities and building owners to inform them of the changes as a result of this Bill. This guidance will be published on the Building Performance website. MBIE is also planning a webinar to support territorial authorities’ updates to the EPB Register.

The Bill also introduces a one-off power to further extend remediation deadlines by up to two years, if required. This power must be used by 2 April 2028 and will apply both to buildings who received the four-year extension and to any earthquake-prone buildings that have since been identified.

Strengthening the building warrant of fitness scheme 

As part of the same Bill, ‘no regrets’ actions agreed to by the previous Cabinet following last year’s fatal Loafers Lodge fire will be made to better protect the safety of building occupants. These amendments relate to the building warrant of fitness scheme and will clarify the obligations of independently qualified persons in issuing a Form 12A and 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.

Minor and technical changes

Changes also passed as ‘other matters’ 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) 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.