Construction of a Building on Land Subject to a Natural Hazard
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:
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.
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.
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.
Complete the forms authorising this and the full process will be arranged for you by Council. A fee is charged for this service.
The District Plan maps will identify the type and location of the specific hazard (stability or floodable areas for example) on the subject property.
Section 3.4 - "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 calling 06 85 78 060
Disclaimers and Copyright
While every endeavour has been taken by the Central Hawke's Bay District Council to ensure that the information on this website is accurate and up to date, Central Hawke's Bay District Council shall not be liable for any loss suffered through the use, directly or indirectly, of information on this website. Information contained has been assembled in good faith. Some of the information available in this site is from the New Zealand Public domain and supplied by relevant government agencies. Central Hawke's Bay District Council cannot accept any liability for its accuracy or content. Portions of the information and material on this site, including data, pages, documents, online graphics and images are protected by copyright, unless specifically notified to the contrary. Externally sourced information or material is copyright to the respective provider.
© Central Hawke's Bay District Council - / +64 6 857 8060 / firstname.lastname@example.org