Whanganui Chronicle

Quake alters building landscape

New legislatio­n puts onus on local councils to identify three categories of earthquake-prone buildings

- Philippa Childs

In 2017, the Government addressed future building impacts arising from the Christchur­ch earthquake. Owners of buildings, particular­ly those having commercial premises in the provinces, had been conscious (perhaps even anxious) that the Government might impose unrealisti­c strengthen­ing requiremen­ts on them. For many, government enforcemen­t might inevitably lead to demolition of historical buildings, where the commercial costs exceeded any commercial benefit.

The new legislatio­n is covered in the Building (Earthquake Prone Buildings) Amendment Act 2017.

The legislatio­n places the timetable and supervisor­y burden upon local councils.

Councils are required to identify “earthquake-prone buildings” by certain dates.

Earthquake-prone buildings are those which “. . . if having regards to the condition of the building or . . . the ground on which the building is built, and because of the constructi­on of the building . . ,. the building . . . will have its ultimate capacity exceeded in a moderate earthquake, and . . . would . . . likely . . . cause death or injury to persons in or near the building or on any other property.”

Notably the legislatio­n does not regulate a percentage of building codes that the councils must enforce, but it has generally been accepted by councils, in adopting policies around the legislatio­n, that the percentage threshold for an earthquake­prone building that which is less than 34 per cent of current building code. Councils are specifical­ly required to address three different types of building as being likely to fall within the earthquake-prone category:

■ Un-reinforced masonry buildings

■ Pre-1976 buildings of three stories or more (or greater than 12m in height) or

■ Pre-1935 buildings.

Councils need not restrict their assessment to just these types buildings but one might expect their attention to focus on these alone. Notably wooden buildings are not within the targeted types, but that does not necessaril­y exclude them. Most residentia­l buildings are not required to be assessed by the council, unless the building is two storeys or more, and contains three or more households or some kind of specialise­d accommodat­ion, such as a hostel.

Generally, councils in medium risk areas, such as Whanganui, must have identified these buildings no later than July 1, 2027, unless the building was a “priority building” in which case they had to be identified before July 1 2022.

“Priority buildings” are those which would be important should an earthquake occur, namely hospitals, buildings adjacent to emergency access, and educationa­l facilities where a large number of people may be occupying.

Having identified the potentiall­y earthquake-prone buildings, councils are required to notify the owners of that status. Councils are required to give those owners 12 months (with some small tolerance) to complete an initial seismic assessment of the buildings’ strength. The cost of the assessment is on the building owner.

If that initial seismic assessment determines the building as being earthquake-prone (being the accepted rating of less than 34 per cent of national building standards — “NBS”) then the landowner would then be served with an Earthquake Prone Building Notice. That notice would be attached to the building, advising the rating and, amongst other things, the timeline for strengthen­ing work to be done.

Landowners are required to strengthen the building within that time line. “Priority buildings” have 12.5 years , and all other earthquake­prone buildings have 25 years from the date of the council’s notice to complete the strengthen­ing works.

It should be noted that compliance dates may be bought forward where the landowner proposes to carry out building works which would otherwise require a building consent and where the cost of that work has an estimated value of 25 per cent or more of the building’s value.

Whilst the deadline dates may be thought to be far into the future, it should be noted that failure to comply with the new rules can lead to fines of up to $200,000. If a landowner has not completed the necessary works, the council can apply to the court for an order/s including allowing it to carry out the works at the landowner’s cost, or demolishin­g the building.

Whilst property owners may take some comfort on the lead time, they should not be dulled into thinking earthquake-strengthen­ing issues have no immediate impact on them.

Some banks (perhaps independen­tly of compliance with these rules) are already imposing lending restrictio­ns that they will not lend on commercial buildings having a code of less than 67 per cent of NBS. Likewise tenants are expressing reluctance to take on leases of buildings where there is a low building code. Lawyers are also being asked by employers as to the consequenc­es under the Health and Safety legislatio­n of exposing their staff to low NBS.

The consequenc­es of Christchur­ch will have a dramatic, if somewhat creeping, impact on the provincial city building landscape. Internet shopping and modern mall complexes will only add this change.

Councils are required to identify ‘earthquake-prone buildings’ by certain

dates.

to

 ?? Photo / file ?? Bruce Dickson is worried the former Hallenstei­n’s building will be demolished. The historic building needs strengthen­ing work.
Photo / file Bruce Dickson is worried the former Hallenstei­n’s building will be demolished. The historic building needs strengthen­ing work.
 ??  ?? Philippa Childs
Philippa Childs
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