Dangerous, Affected and Insanitary Buildings
Introduction
We’re committed to making sure buildings in the Taupo District are safe. One way we do this is by making sure local buildings don’t pose any danger.
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.
Here you can learn more about what a dangerous, affected or insanitary building is, how you can report it, how we will respond, the actions that need to be taken by owners and the policy and legislation that govern these things.
What is a dangerous, affected or insanitary building?
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 that means it could collapse.
- sanitary facilities such as non-functioning toilets, washing and bathing facilities
- not have a potable (drinkable) water supply
- have weather tightness issues - insufficient or defective provisions against moisture penetration so as to cause dampness in the building or in any adjoining building.
For more information see dangerous, affected or insanitary buildings on building.govt.nz.
How do I report a suspected dangerous, affected or insanitary building?
If you believe there is a dangerous, affected or insanitary building, please let us know. Your details will not be shared with anyone. You can let us know in any of the following ways:
- Call Council on 0800 ASK TDC (0800 275 832). We will log a service request and someone from the building team will be in contact with you and investigate.
- Email the building team at buildingconsents@taupo.govt.nz
- Report it using our Antenno app
- Complete our online service request form
What happens after we receive a report?
What we do
We check:
- if there has been any unauthorised building work and/or change of use
- the standard of maintenance of any specified systems
- the state of repair of building structures and services
- the safety level of the building.
And we make sure that:
- people use buildings safely and without endangering their health
- people can escape from a building in an emergency
- buildings are unlikely to cause injury or death to persons on other property, or damage to other property.
If there’s a problem with a building, our building team will work with the building owner to find a way to get the building back to a safe, healthy state.
What you do (as a building owner)
If you are a building owner, you:
- are legally responsible for ensuring the maintenance and compliance of your building
- should employ a building surveyor if you think your building may be dangerous, affected or insanitary
- should take immediate steps to make sure your building, and any occupants, are safe if you discover the building is dangerous, affected or insanitary.
Interested buyers and renters can:
- ask an expert to check the building you want to buy or rent
- look for the building’s warrant of fitness certificate (BWoF) in the foyer or entrance and check this is up to date.
For more information or if you think a building might be dangerous, affected or insanitary, contact us.
- Email: buildingconsents@taupo.govt.nz
- Phone: 0800 ASK TDC (0800 275 832)
Legislation
The objective of the dangerous, affected and insanitary building legislation is to ensure that people who use buildings can do so safely and without endangering their health.
A building is considered to be dangerous, affected and insanitary when it meets Sections 121, 121A and 123 of the Building Act 2004 as follows:
A building is dangerous for the purposes of this Act 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 any persons in it or to persons 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.
A building is affected for the purposes of this Act 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.
A building is insanitary for the purposes of this Act 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; or
- has insufficient or defective provisions against moisture penetration so as to cause dampness in the building or in any adjoining building; or
- 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.
What if you fail to comply?
A person who fails to comply with a notice issued under Section 124(2)(c) of the Building Act 2004, requiring work to remove or reduce danger or remove insanitary conditions commits an offence and is liable on conviction:
- in the case of an individual, to a fine not exceeding $300,000.
- in the case of a body corporate, to a fine not exceeding $1,500,000.
A person who fails to comply with Section 128(2) of the Building Act 2004 commits an offence and is liable on conviction:
- to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.
Section 116B of the Building Act 2004 states it is an offence to use a building, or knowingly permit another person to use a building, for a use for which the building is not safe or not sanitary orhas inadequate means of escape from fire.
A person who fails to comply with this section commits an offence and is liable on conviction:
- to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence has continued.
Section 368 of the Building Act 2004 states it is an offence for a person to remove or deface any notice or incite another person to do so. A person who fails to comply with this section commits an offence and is liable on conviction:
- in the case of an individual, to a fine not exceeding $50,000:
- in the case of a body corporate, to a fine not exceeding $150,000.
Councils are able to deal with an offence as an infringement offence, set out in the Building (Infringement Offences, Fees, and Forms) Regulations 2007, or as a general offence under the Building Act.
Under Section 126 of the Building Act 2004 the Council may carry out work if the work outlined in the notice is not carried out and the owner of the property will be liable for any costs incurred.
Council's role and policy
Council adopted a Policy in 2018 outlining the steps that we will take in dealing with dangerous, affected and insanitary buildings.
When a dangerous or affected building is deemed to be immediately dangerous, Council will act immediately by following the procedures set out in the Act.
When a building is deemed to be a dangerous or affected building, but not immediately dangerous, Council will liaise and consult with the relevant owners and encourage the owners to produce a mutually acceptable formal proposal on how the problem will be rectified.
If after a reasonable time-period a mutually acceptable formal proposal has not been achieved, Council will take further steps to address the problem by following the procedures set out in the Act which may include but is not limited to:
- putting up a safety barrier to prevent people from approaching the building
- attach a notice on to the building that warns people not to approach the building
- issue a notice for work to be completed on the building that will reduce or remove the danger or prevent the building from remaining unsanitary
- issue a notice that restricts entry to the building for particular purposes or for particular persons or groups of persons.
If the building is still not brought up to the required standards, the Territorial Authority (Council) may apply to the District Court for an order authorizing them to rectify the issues themselves. If Council is to take this path, they will need to give 10 days’ written notice to the owner of their intention to do so. The cost of repair work or demolition work can be recovered from the owner.
Information relating to dangerous buildings will be recorded against the property file held at Council and will be provided on any LIM produced for the property.
