Section 71-74 of the Building Act 2004 covers situations where people want to build on land that is subject to a real or potential hazard. Section 71(3) defines natural hazards and these include:
- Flooding
- Inundation subsidence
- Slippage erosion
- Falling debris
Can I build on land subject to a natural hazard?
Yes, provided the building work does not worsen the hazard or have an adverse effect on both your property and/or neighbouring property. You will be asked to produce technical evidence before a building consent application will be considered.
How do I get consent to build on such land?
Section 73 of the Building Act says that if Council issues a building consent on land subject to one or more natural hazards, then the Title must be endorsed to show that the building is on such land.
You cannot build on land subject to a natural hazard without Council issuing a building consent with an endorsement on the Title.
Effects of having an endorsement on my Title
Alerts subsequent buyers that the building is on land subject to a hazard.
This means legal action cannot be taken against Council for issuing the building consent.
How do I get the endorsement on my Title?
Complete the forms authorising this and the full process will be arranged for you by Council. A fee is charged for this service.
Where do the District Plan rules fit in?
The District Plan maps will identify the type and location of the specific hazard (stability or floodable areas for example) on the subject property.
Chapter 18 - "Natural Hazards" in the District Plan outlines the rules that depending on the nature of the works may require a Resource Consent application to be made. It is important to note that this application is in addition to any requirement for an application under the Building Act.
We suggest that you discuss the resource consent aspect with the Council's duty planner by completing a request for a phone, email or appointment.
See our Natural Hazards page for more information.
