Overview
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.
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A current Record of Title with diagram is the usual starting point for confirming ownership, legal description, registered interests and title diagram information.
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.
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Quick FAQ
What should I check first for What are Notices under sections 71?
Start with the current Record of Title because it confirms the legal title details, registered interests and references to any plans or instruments that may affect the property.
Which document helps with What are Notices under sections 71?
For this topic, Record of Title with Diagram is usually the most relevant next document. It helps turn the article guidance into an official property-record check.
Can I rely only on free online information?
Free maps, listings and council pages are useful for early research, but they can be incomplete or out of date. Use official title documents before making purchase, planning, legal or due-diligence decisions.
