Sections 71-74 of the Building Act 2004 deal with building on land that is subject to natural hazards.
Natural hazards include:
- falling debris
Building on hazardous land creates difficulties for the land owner and Council.
Building on land subject to a natural hazard
Section 72 offers a solution by allowing (in certain situations) an owner to take on the risk of building on hazardous land. It requires that a warning is placed on the legal title. This warns future property owners of the potential hazard, and reduces Council and EQC's liability if the land is damaged because of the hazard.
In almost all cases, issuing a building consent confirms that the building work undertaken will comply with the building code.
A hazard notice relates to the land and not the building. Hazard notices can affect things like your ability to get insurance and sell the property.
Before starting a project
If you think natural hazards may apply to your project, we recommend:
- getting professional or legal advice so you can make fully informed decisions.
- booking a pre-application meeting with us to help you understand the possible hazards on your site.
If Council considers the land is subject to a hazard
If Council considers that the land is subject to a hazard, we must:
- issue the consent under section 72
- to notify the Registrar-General of Land so that a notice can be placed on the title.
Before we do this, we will ask the owner to acknowledge (in writing) that they understand the implications of this, and provide an opportunity for further discussion.