Earthquake-prone Buildings

ss 133AG – 133AY Building Act 2004, ss 5-11, Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005
The Building Act 2004 outlines requirements for Earthquake-prone Buildings, these follow a specific process:
  • the territorial authority will identify the potentially earthquake-prone buildings,
  • the owners are notified by the authority, 
  • they must then obtain engineering assessments of the building,
  • the territorial authority can then determine:
  • whether the buildings are earthquake prone, 
  • assign earthquake ratings, 
  • issue EPB notices and,
  • publish information about the buildings in the Earthquake Prone Buildings Register (EPB Register),
  • the owners are subsequently required to display notices on their building and,
  • to remediate their building within the time frame laid out in the EPB notice.
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The Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005 define different key terms such as what is “ultimate capacity” and a “moderate earthquake” (see section 7) and sets out criteria for alterations, characteristics for exemptions, and categories of different earthquake ratings (see ss 5-6, and ss 8-11).

The Earthquake Prone Buildings Register (EPB Register) is a publicly accessible national resource that enables anyone to find information about buildings that have been deemed earthquake prone by territorial authorities.

In the event of a significant event such as an earthquake, a rapid building assessment may be undertaken. This may result in a placard being placed advising occupants whether it is safe to occupy or not. Other more detailed assessments will follow.
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Case Law

Wellington City Council v Lakhi Maa Ltd [2021] NZHC 3443
  • Building Act 1991, Building Act 2004, Building (Earthquake-prone Buildings) Amendment Act 2016. This case examined s 133AS of the Building Act 2004, looked at the role of territorial authorities power in expediting the completion of earthquake strengthening work.


Alura Ltd v Hutt City Council [2018] Hutt Valley District Court (Note: Unreported Case)
  • Building Act 2004. This case examined how owners of buildings that are deemed earthquake prone run the risk of being prosecuted if they do not promptly demolish/remediate their buildings.


Morgan v Wellington City Council, [2016] NZDC 19321
  • Building Act 2004. This case dealt with temporal and procedural issues around serving notices of appeal from Determinations in relation to an earthquake prone building case.


University of Canterbury v Insurance Council of New Zealand Inc [2014] NZSC 193  
  • Building Act 2004, This case considered ss 122(1) and s124(1)(c), examines the requirement of the building to be strengthened to an extent greater than necessary to ensure that the building would not have its ultimate capacity exceeded in a moderate earthquake.
  • Note: In this instance of the case, there were insurance and judicial review questions that were the focus of the proceeding.

Lambton Quay Properties Nominee Ltd v Wellington City Council [2014] NZEnvC 229
  • Building Act 2004, Resource Management Act 1991. This case considered heritage buildings and earthquake prone status under s 122, test application, and reconciliation between Building Act and Resource Management Act.
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Most Recent Determinations

2021

2021/001: Regarding the refusal to grant a building consent for the conversion of part of a building from a car park to a nightclub
  • Refusal to grant building consent, requirement of upgrade to seismic performance, section 115 building act, change of use.

2020

2020/020: Regarding the decision not to extend the deadline for completing seismic work for an earthquake-prone building
  • Earthquake-prone building notice, issue between dates of old and new Act, whether the authority was correct to refuse extension, transitional provisions identification and management of EPB considered.

2019

2019/068: Regarding the issue of an earthquake-prone building notice for a multi-unit, multi-storey apartment building
  • Earthquake-prone building notice, six-storey reinforced concrete residential building, issuing process, legislation and earthquake-prone building methodology considered.

2015

2015/085: Regarding the authority’s exercise of its powers of decision in relation to a building consent application for an earthquake-prone building.
  • Refusal to issue a building consent for alterations to existing earthquake-prone buildings.  Alterations to internal fitout on ground floor three-storey commercial building, authority’s policy on earthquake-prone buildings in relation to proposed work.


2015/082: Regarding the authority’s exercise of powers in issuing an earthquake-prone building notice for a multi-storey unreinforced masonry building
  • Earthquake-prone building notice, multi-storey unreinforced masonry building. legal test under section 122 Building Act 2004, authority’s earthquake-prone building policy, engineering methodology examined.
  • Note: This determination is subject to appeal.


2015/081: Regarding the authority’s exercise of powers in issuing an earthquake-prone building notice for a multi-storey reinforced building
  • Earthquake-prone building notice multi-storey unreinforced masonry building. legal test under section 122 Building Act 2004, authority’s earthquake-prone building policy, engineering methodology examined.
  • Note: This determination is subject to appeal.
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Older Determinations

2014

2014/034: Regarding the issue of an earthquake-prone building notice for a multi-storey building
2014/033: Whether proposed building work to repair fibre-cement cladding to an earthquake damaged house will comply with the Building Code
2014/032: Authority’s exercise of powers in issuing a notice under section 124 of the Act for a building considered to be earthquake-prone

2012

2012/043: Whether special provisions for dangerous, earthquake-prone, and insanitary buildings can also be applied to part of a building.

2010

2010/133: The exercise of the powers of an authority to issue a notice under section 124 of the Act a building considered to be earthquake prone.