What are Notices under sections 71-74 of the Building Act 2004

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.

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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