Dangerous, affected and insanitary buildings have the potential to cause serious harm to people, or damage other property.
In some situations, buildings may be being used for something they were not designed for, have suffered structural damage or they may not have functioning sanitary facilities. Such buildings may pose risks to people or to other property.
A building is considered dangerous (under Section 121 of the Building Act 2024)
A building is deemed insanitary (under Section 123 of the Building Act 2024)
A building is considered affected (under Section 121 of the Building Act 2024)
A dangerous, affected or insanitary building might:
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:
All possible dangerous insanitary or affected buildings will be assessed in accordance with Councils Dangerous Insanitary Affected Risk Matrix with priority given to medium to higher risk type buildings.
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.
If the building has heritage status, Heritage New Zealand Pouhere Taonga will be consulted, and the process will not increase the physical danger to the public.
Read more below about the legal requirements affecting dangerous, affected or insanitary buildings.
Want to know more? Read the FAQs below to delve a bit deeper into the topic. Additional information can be found on the Ministry of Business, Innovation, and Employment website.
The Building Act 2004 (section 131) requires all territorial authorities, including the Council, to adopt and Section 132 the adoption process and review of the dangerous and insanitary buildings policy within its district.
The November 2013 amendment of Section 132A of the Building Act requires Council to consider affected buildings as defined as Section 121A in the Dangerous Insanitary Policy.
Subpart 6A Section 133AA of the Building Act set out Earthquake-prone buildings contain separate requirements for the managing of earthquake prone buildings and councils dangerous, affected insanitary buildings policy do not need to consider them as they are 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 (section 124 (2) (a) (b) and section 127) 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 in accordance with section 126 (1)(a)(b), (2) to take those steps on the owner's behalf and to seek to recover any resulting costs as set out in section 126 (3) from the owner.
How does Council prohibit the use or occupation of these buildings?
Once Council has taken certain actions to restrict access or reduce or remove danger or insanitary conditions it is prohibited to use or occupy the building. It is an offence to continue to use or occupy a building, or permit another person to do so, if council has:
The exceptions to this are:
Notices issued under this subsection do allow the use or occupation of the building but only in accordance with the specific terms of the notice. There is an additional offence specified in section 116B of the Building Act that prohibits the use of a building that is dangerous or insanitary.
This section specifies that it is an offence for people to use or knowingly permit another person to use a building:
What happens if building owners don't comply with notices that are issued?
Building owners or people with vested interest in buildings that were issued a dangerous, insanitary or affected notice who fail to comply with a Section 124 (2) (c) notice to ‘reduce or remove the danger’ or ‘prevent the building from remaining insanitary’ or restricting access for ‘particular purposes to particular people’ in accordance with Section 124 (2) (d) are committing an offence.
They are liable on conviction to a fine as set out in Section 128A (1)(b) (i) (ii) and (2) (b).
All offences relating to dangerous, insanitary or affected buildings can be dealt with by Council either as an infringement offence, as set out in the Building (Infringement Offences, Fees, and Forms) Regulations 2007, or as a general offence under the Building Act.
Council can issue an infringement notice or bring a proceeding for an offence under section 116B for the use of buildings which is not safe or sanitary, or if a building has inadequate means of escape from fire.
How does Council find the right balance?
Decisions on what is the appropriate action to be taken about dangerous, affected or insanitary buildings will be based on the specific issues and dangers arising from the building in question, and the requirements of the Building Act.
For example, in the case of a derelict building, erecting a hoarding to prevent people from approaching or entering the building may be adequate. However, if the building has a history of use by squatters who thereby place themselves at risk, this action may be insufficient. Serving notice on the owner to remove or reduce the danger, possibly through demolition, could be a more appropriate course of action.
Similarly, a notice requiring a reduction in danger may be the best solution were removing the danger completely would have other negative impacts. In such circumstances, Council will exercise their judgement as to the most appropriate action under the Building Act.
What should you do if you think a building is dangerous or insanitary?
If you believe a building in your area is dangerous or insanitary, you can:
Council will inform neighbours or occupants: If it is safe to do so and make others affected aware of the potential risks. We will also ensure that building owners and residents are informed once an inspection has been conducted.
What is the process for investigating dangerous, insanitary and affected buildings?
Once a report is made, the following steps are taken by the Territorial Authority (Buller District Council)
What can you expect if your building is deemed dangerous or insanitary?
If you are a building owner and receive a notice that your property is dangerous or insanitary:
How does Council ensure public safety?
Buller District Council is committed to ensuring buildings in our district are safe for everyone.
How do I know if a building is dangerous or insanitary?
Signs of a dangerous building include visible structural damage, leaning walls, or obvious risks such as broken windows or debris.
An insanitary building may have persistent dampness, mold growth, or a lack of basic sanitary facilities like toilets or clean water.
What happens if I live or work in a building that is declared dangerous or insanitary?
If your building is declared dangerous or insanitary, you will be notified by us and may be required to leave the building temporarily while repairs are made.
We will work with you and the building owner to ensure the building is made safe as quickly as possible.
Can I appeal a notice declaring my building dangerous or insanitary?
Yes, if you disagree with the notice issued, you can appeal it. Contact us for more information about the appeals process.
You can lodge your application for determination at https://www.building.govt.nz/resolving-problems/resolution-options/determinations/applying-for-a-determination
What is the timeline for fixing a dangerous or insanitary building?
This depends on the nature of the issues. Building owners will be given a reasonable timeframe to complete necessary work, but in cases of imminent risk, immediate action may be required.
How do I report a suspected dangerous, affected or insanitary building?
If you believe that there is a dangerous, affected or insanitary building, please let us know.
You can do this by:
Email: info@bdc.govt.nz
Phone: 03 788 9111
Or alternatively log a service request on our website:
https://bullerdc.govt.nz/do-it-online/request-a-service/
