Earthquake prone-buildings and land at risk to natural hazards

When you apply for consent for a new building, or a major alteration to an existing one, consider how it could be affected by natural hazards or how the work could make an existing natural hazard more dangerous. 

Earthquake-prone buildings 

Changes under the Building (Earthquake-prone Buildings) Amendment Act 2016

On 1 July 2017, the Building (Earthquake-prone Buildings) Amendment Act 2016 came into effect and is now part of the Building Act 2004.

This supersedes the earthquake-prone buildings section of Auckland Council’s former 'Earthquake-prone, Dangerous and Insanitary Building Policy'.

While the Building Act 2004 sets the rules for managing earthquake‑prone buildings, it does not apply to:

• farm buildings
• stand-alone retaining walls
• fences
• statues and other monuments that cannot be entered
• wharves
• bridges
• tunnels
• storage tanks.

Previous earthquake-prone building assessments

If your building was assessed as not earthquake-prone under our initial programme, you do not need to take any further action.

If your building has been assessed and is earthquake-prone, you can either:

• retain the assessment from that process and use the seismic rating issued through the initial evaluation programme, or
• engage a chartered professional engineer to complete an updated assessment using the Ministry of Business, Innovation and Employment (MBIE) methodology.

New earthquake-prone building assessments

If you choose to complete a new assessment using the MBIE methodology, the result will supersede any existing seismic rating.

Extension to provide an earthquake-prone building assessment

An extension of up to 12 months may be available if you are unable to provide an assessment by the due date. You must apply for an extension at least two months before the initial due date.

How to apply for an extension to provide an earthquake-prone building assessment

Email our our seismic performance team on eqbproject@aucklandcouncil.govt.nz with your completed application form.

Buildings with earthquake-prone status

If your building either retains an existing earthquake-prone evaluation, or is rated as earthquake-prone under the new assessment, you will:

• be issued with a statutory earthquake-prone building (EPB) notice, which you must display in a prominent place in your building
• have the details of your building added to a new national register of earthquake-prone buildings
• have 35 years from the date of the EPB notice to strengthen your building so it is no longer earthquake‑prone
• have to strengthen your building sooner if you carry out a substantial alteration or change of use. 

Where to attach your EPB notice

When we have issued your earthquake-prone building notice, it must be displayed in a highly visible place next to the main entrance of your building for people to see who have not yet entered the building.

The notice may be placed on the interior of the main door (if it contains a pane of glass) or an adjacent window facing out. If this is not an option, you should:

• securely attach the notice to the exterior of the building
• make sure that the notice is not affected by the weather
• check it remains in place until the notice is cancelled.

The notice should be displayed at a height and positioned where it is easily seen by visitors. It should not be obscured by any other pieces of the building, furniture or decorations.

Earthquake-prone buildings with multiple unit titles

When a building with multiple unit titles is deemed earthquake-prone, the owner of each title will be issued with a separate earthquake-prone building notice.

Extension to complete strengthening for heritage buildings

You can apply for a 10-year extension to complete strengthening works for an earthquake-prone building that is:

• a Category 1 listed building, or
• on the National Historic Landmarks list.

Exemption from strengthening for isolated buildings

You can apply for an exemption from strengthening works for an earthquake-prone building that is:

• used infrequently
• poses a low risk of injury to people and damage to other property in the event of an earthquake.

For detailed qualifying criteria, see section 10 of the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005.

Fees for an extension to complete strengthening or exemption from strengthening

How to apply for an exemption from strengthening or extension to complete strengthening

Email our seismic performance team eqbproject@aucklandcouncil.govt.nz with your completed application form.

Further information

You can read about the system for managing earthquake-prone buildings, including the relevant legislation, on the Ministry of Business, Innovation and Employment (MBIE) website.

For specific information on tools and guidance for users to understand how the system works, refer to Earthquake-prone building resources.

For further information, email eqbproject@aucklandcouncil.govt.nz to contact our seismic performance team.

Building on land at risk of a natural hazard

When applying for consent for a new building or major alterations to an existing building, you must consider if the land on which the building work will be carried out could be affected by a natural hazard.

Natural hazard risks 

Under the Building Act 2004, a building consent authority (BCA) must refuse to grant a building consent for the construction of a building or major alterations to a building, if:

• the land on which the work is happening is at risk, or is likely to be subject to, one or more natural hazards
• the building work is likely to accelerate, worsen or result in a natural hazard on that land or on any other property.

Where adequate provision has been, or will be made, the building consent may be granted without a natural hazard notice being registered on the record of title.

Where adequate provision cannot be made, the building consent may still be able to be granted under section 72 of the Building Act, if the statutory criteria are met. In this case, the relevant natural hazard will be recorded on the property title so that future owners are aware of it.

Natural hazards under the Building Act

The Building Act defines a natural hazard as land that is at risk of:

• erosion - includes coastal erosion, bank erosion and sheet erosion
• falling debris - includes soil, rock, snow and ice
• subsidence
• inundation - includes flooding, overland flow, storm surge, tidal effects and ponding 
• slippage.

Hazards such as earthquakes and tsunamis are not specifically listed as natural hazards under section 71 of the Building Act.

Natural hazards may not always be fully identified in a Project Information Memorandum or in the information submitted with a building consent application. The BCA may still need to determine whether the natural hazard provisions of the Building Act apply.

The Ministry of Business, Innovation and Employment guidance and the Determination 2017/048 provide useful information about understanding natural hazard provisions and responsibilities.

When building work may be able to proceed

Building work may be able to proceed if the land is not in any way subject to a natural hazard and:

• the natural hazard is sufficiently remote from the building work and will not affect the relevant land
• the hazard is deemed not to be ‘natural’, such as a constructed or designed overland flow path
• the land, building work and other property can be protected
• you restore any damage to the land or other property as a result of building work
• the proposed work is not for a new building or are not major alterations.

Refer to AC2229 for further guidance on building on land subject to natural hazards and the definition of 'major alteration'.