Local authorities can force strengthening of ‘earthquake-prone’ buildings with the cost falling entirely on building owners. Wellington property owners tested application of the new rules.
Prompted by Christchurch earthquakes in 2010 and 2011, Building Act rules were imposed requiring identification and remediation of earthquake-prone buildings. Existing buildings are measured against the seismic standard required for a new building. Existing buildings having a seismic rating less than 34% of a new build are regarded as earthquake-prone. Strengthening is mandatory. How soon the work has to be done depends on the seismic risk for the area in which the building is located: 35 years for areas of low seismic risk; seven years for priority buildings in a high seismic area.
Wellington is a high seismic area. Building owners are testing how the new rules apply. Owners of properties in Wellington central suburbs Mt Cook and Te Aro challenged Council plans to force mandatory strengthening of their two heritage-listed buildings. The Building Act allows councils, with court approval, to carry out required strengthening if owners do not act and to charge the entire cost back to the property owner. The High Court was told the two Wellington owners did not comply with Council orders to strengthen. They instead demanded Council specify the work it intendeds to undertake. That would enable the owners to identify what was the least amount of work needed to satisfy council requisitions and also enable them to carry out a cost-benefit analysis; it might be cheaper to demolish and rebuild.
Justice Ellis said the Act does not require councils to give a prior assessment of costs. In practice it would be unworkable, she said. Councils have no right to access private property and carry out preliminary assessments. Earthquake strengthening rules are intended to protect the public. Public safety takes priority over both private property rights and economic considerations, Justice Ellis said. There are currently over five hundred Wellington buildings on the national Earthquake-Prone Buildings Register.
Concerns that councils might undertake ‘Rolls Royce’ standard strengthening at owners’ expense are lessened by Supreme Court suggestions that strengthening to the required 34% rating would suffice, Justice Ellis said.
Wellington City v. Lakhi Maa Ltd & Scoter Ventures Ltd – High Court (14.12.21)
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