Dangerous, Affected and Insanitary Buildings

A dangerous, affected or insanitary building might:

• be older and/or poorly maintained
• be currently used for something it wasn’t designed for
• have suffered a structural failure or be in a state of disrepair which means it could collapse
• sanitary facilities such as non-functioning toilets, washing and bathing facilities
• a potable (drinkable) water supply
• weather tightness - has insufficient or defective provisions against moisture penetration so as to cause dampness in the building or in any adjoining building

What the law says:

Section 121 of the Building Act defines a building as being dangerous if:

• in the ordinary course of events (excluding the occurrence of an earthquake), the building is likely to cause injury or death (whether by collapse or otherwise) to anyone in it or to people on other property, or damage to other property; or
• in the event of fire, injury or death to any persons in the building or to persons on other property is likely.

Section 121A of the Building Act defines a building as being an affected building if it is adjacent to, adjoining or nearby:

• a dangerous building as defined in section 121; or
• a dangerous dam within the meaning of section 153.

Section 123 of the Building Act defines a building as an insanitary building if the building:

• is offensive or likely to be injurious to health because of how it is situated or constructed, or it is in a state of disrepair
• has insufficient or defective provisions against moisture penetration so as to cause dampness in the building or in any adjoining building
• does not have a supply of potable water that is adequate for its intended use; or
• does not have sanitary facilities that are adequate for its intended use.

Section 123A of the Building Act specifies that:

• if a council is satisfied only part of a building is dangerous or insanitary within the meanings in the Act, it may choose to exercise its powers/functions in subpart 6 in respect of only that particular part of the building, and
• if a council is satisfied only part of a building is affected it can choose to use its powers/functions in subpart 6 for either all or part of the building.

Section 124 (2)(c )of the Building Act specifies that once a council determines that a building in its district is dangerous or insanitary, it may give written notice requiring work to be carried out to reduce or remove the danger, or prevent the building from remaining insanitary.

Section 126 of the Building Act specifies that councils may apply to the District Court seeking a court order to allow them to carry out building work if the work required in a notice issued under section 124(2)(c) is not completed, or not proceeding with reasonable speed, within-

• the time stated in the notice; or
• any further time that the council allows.

The Building Act 2004 (section 131) requires all territorial authorities, including the Council, to adopt and review a policy on dangerous and insanitary buildings within its district. Earthquake-prone buildings are now covered by sections 133AA - 133AY of the Building Act. The policy indicates the Council’s general approach and its priorities in performing its functions in relation to dangerous, insanitary and affected buildings. The policy also deals with the performance of those functions in relation to buildings that are also heritage buildings.

It is the building owner’s responsibility to ensure that buildings comply with the Act’s requirements.

The Council’s responsibility is to ensure that when dangerous or insanitary conditions are found, the danger is reduced or removed, and the owner takes action to prevent the building from remaining dangerous or insanitary. Where an owner fails to take steps to address the dangerous or insanitary state of a building, the Council may exercise its powers to take those steps on the owner's behalf and to seek to recover any resulting costs from the owner.

• Grey District Council Dangerous, Affected and Insanitary Buildings policy

When a building is brought to the Council’s attention as being possibly dangerous, affected and/or insanitary, Council will undertake investigation to determine whether that building is dangerous, affected and/or insanitary as defined in the Building Act 2004, before taking the actions required under Council's policy and the Act.

If investigation is done in response to a District Court Order under section 126 of the Act or through a warrant issued by Council’s Chief Executive under their signature to remove any immediate danger under section 129 of the Act, then the building owner will be liable for Council costs.

When a building is determined as being dangerous, affected, and/ or insanitary, Council will perform its responsibilities under section 124 of the Act. This may include but is not limited to:

• Putting up a hoarding or a fence to prevent people from approaching the building,
• Attaching a notice that warns people not to approach the building,
• issuing a written notice notifying the work required to be carried out on the building to reduce or remove the danger or to prevent the building from remaining insanitary,
• Placing a notice on the determined building that prevents people from using it, and
• Restricting entry to the building for particular purposes or particular persons or groups of persons.

Any building(s) determined as being dangerous, affected, and/ or insanitary will have a notification and a list of necessary remedial actions placed in the corresponding property file maintained by Council until the issues are resolved. Moreover, while a building is classified as dangerous, affected, or insanitary, specific details will be included on any Land Information Memorandum (LIM) or Project Information Memorandum (PIM) if it impacts proposed building activities. This information will consist of a declaration of the building's status, a copy of the notification detailing required remedial work and compliance deadlines, and a copy of any letters sent to owners, occupants, and affected parties regarding the building's condition, including evacuation notices if issued.

Data pertaining to such buildings will be accessible through the relevant LIM or PIM, with Council adhering to the disclosure guidelines outlined in the Local Government Official Information Act 1987 and the Local Government Act 2002.

If Council is satisfied that a building is dangerous, affected or insanitary, and determines that it is appropriate to take action, it may serve notice on the owner. There are specific requirements for the form of these notices and how they must be issued.

Where a notice confirms that remedial work is required, the council may inspect the property or take some other step to confirm the work has been carried out within the timeframes stated on the notice.

It is an offence to fail to comply with a notice, issued Council, requiring work to be carried out on a building to reduce or remove danger, or prevent the building from remaining insanitary.