Notices under sections 71-74 of the Building Act 2004 relate to building on hazard-prone land. These notices prohibit building consents for buildings, or major alterations, on sites subject to hazards in certain specified circumstances.
There is an exception in this section that a building consent can be issued where certain requirements are met, one of which is that a notation is placed on the title that a consent has been issued.
Under section 71 of the Building Act, a building consent cannot be issued at all if the land and the proposed building work cannot be adequately protected from the hazard in question.
However, a development could be allowed under section 72 even if there is still a risk from the hazard, as long as the work itself will not accelerate or worsen that risk and provided there is a warning on the title (section 74).
Licensees should make sure any proposals involving a site with a section 71 restriction on a title are understood by prospective purchasers. Any such proposals must be fully disclosed, and parties be advised to seek legal advice before proceeding to enter into a transaction.
