Dangerous, Affected and Insanitary Buildings

Council will actively respond to and investigate all building complaints received and identify from these investigations any buildings that are dangerous, affected or insanitary. 

Upon the determination that a building is dangerous, council will assess whether the dangerous building poses a reasonable probability of danger to occupants or visitors of any adjacent, adjoining or nearby buildings.

Considerations may include:

1. Structural collapse.
2. Loose materials/connections.
3. Overcrowding.
4. Use which is not fit for purpose.
5. Advice sought and received from Fire and Emergency New Zealand.

Considerations as to insanitary assessment where a building is occupied may include: 

1. Adequate sanitary facilities for the use.
2. Adequate drinking water.
3. Separation of use for kitchen and other sanitary facilities.
4. Likelihood of moisture penetration.
5. Natural disaster. 
6. Defects in roof and walls/poor maintenance/occupant misuse. 
7. The degree to which the building is offensive to adjacent and nearby properties.

A building will be deemed to be an affected building if it is adjacent, adjoining or nearby a building which Council has assessed as being a dangerous building. 

If found to be dangerous or insanitary council will:

1. Attach a written notice to the building requiring work to be carried out on the building, within a time stated in the notice being not less than ten (10) days, to reduce or remove the danger.
2. Give copies of the notice to the building owner, occupier, and every person who has an interest in the land, or is claiming an interest in the land, including Heritage New Zealand Pouhere Taonga, if the building is a heritage building.
3. Contact the owner at the expiry of the time period set down in the notice in order to gain access to the building to ascertain whether the notice has been complied with.
4. Where the danger is the result of non-consented building work, Council will formally request the owner(s) to provide an explanation as to how the work occurred and who carried it out and under whose instructions and apply for a Certificate of Acceptance if applicable.
5. Pursue enforcement action under Section 328 of the Act if the requirements of the notice are not met within a reasonable period of time as well as any other non-compliance matters.

Where Council has determined under Section 121A of the Act that a building is an “affected building” Council may do any or all of the following:

1. Erect a hoarding or put up a fence around the building.
2. Attach a notice warning people not to approach the building. 
3. Issue a written notice restricting entry to the affected building for particular purposes or to particular groups of people for a maximum period of thirty (30) days. Such notice may be reissued once for a further thirty (30) days.
4. Liaise with Fire and Emergency New Zealand when Council deems it appropriate, in accordance with Section 121 (2) of the Act.

If the building is considered to be immediately dangerous or insanitary Council may:

1. Cause any action to be taken to remove that dangerous or insanitary condition (this may include prohibiting persons using or occupying the building and demolition of all or part of the building); and
2. Take action to recover costs from the owner(s) if Council must undertake works to remove the danger or insanitary condition.
3. The owner(s) will also be informed that the amount recoverable by Council will become a charge on the land on which the building is situated.
4. Section 375 of the Act allows Council to prosecute building owners.

Options for immediate action include:

1. Prohibiting any person from occupying or using the building.
2. If necessary, erecting barriers and warning signs, plus securing the building to prevent entry until such time that remedial action can be taken.
3. Undertaking remedial action under Section 129 of the Act. Note that in the case of insanitary buildings, Council reserves the right to use powers available under Section 34 of the Health Act 1956.