Dangerous and Insanitary Buildings Policy Review 2018

We are reviewing our Dangerous and Insanitary Buildings Policy. We are reviewing the policy in order to keep in step with changes to the Building Act and to ensure the policy is fit for purpose.

Consultation has now closed

Consultation on the Dangerous and Insanitary Buildings Policy has now closed. People were able to provide feedback from 3 September to 5 October 2018.

During this time we heard from 5 individuals and groups. You can read their feedback and read the report(external link) that  was presented to the Hearings Panel(external link) for a recommendation to Council for approval on 5 November 2018.  The final decision on this policy was made at the 13 December 2018 Council meeting(external link).  At this meeting the Council adopted the Dangerous and Insanitary Buildings Policy, with some minor material changes.  You can view the full Council decision in the meeting minutes(external link) for the 13 December meeting.

Why are we reviewing the policy?

We have undertaken the policy review in order to keep in step with changes to the Building Act, including additions to the policy relating to affected buildings, and to ensure the policy is fit for purpose, because the Building Act 2004 (section 131) requires all territorial authorities to adopt and review a policy on dangerous and insanitary buildings within its district.

Key changes being proposed

• All provisions relating to earthquake prone buildings have been removed from the policy, as these are now exclusively provided for under the Building Act 2004.
• We have included policy provisions covering ‘affected buildings’. These are buildings that pose a risk to building users and/or passers-by because of the proximity to a dangerous or insanitary building. Being able to manage this risk on behalf of the community means we can help make Christchurch a safer place.
• The draft policy provides more detailed information about how the Council will identify and appropriately deal with dangerous, affected or insanitary buildings. This information is expected to be of particular interest and benefit to building owners and provides a higher level of transparency regarding the Council’s approach to this matter.

Objectives of the policy

• There are a number of objectives relating to this policy, which are:
• To discharge the Council’s responsibilities under the Act that relate to dangerous, affected and insanitary buildings.
• To clearly state the Council’s approach to identifying dangerous, affected or insanitary buildings.
• To state what powers the Council can exercise when such buildings are found, and how it will work with building owners to prevent buildings from remaining dangerous or insanitary, particularly where a dangerous building is affecting or potentially affecting another building.
• To explain its approach where the building concerned is a District Plan Scheduled or Heritage New Zealand listed heritage building or landmark.
• To ensure building owners understand that the Council may exercise its powers to take steps on the owners behalf and may recover any resulting costs from the owner.

  Proposed policy

  Draft dangerous and insanitary buildings policy and statement of proposal 2018 

  (When this policy is adopted by the Council the policy will replace the Council’s current Earthquake-prone, Dangerous and Insanitary Buildings Policy of 2010) 

   
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  What is this policy used for?

  The policy is an important tool for the Council to ensure workers, residents and visitors to the city are protected against the risks unsafe buildings can pose.
  You can view the full Dangerous and Insanitary Buildings Policy on this page, or you can pick up a printed copy from any Council Service Centre or Library or from Civic offices at 53 Hereford Street.

  What is a dangerous building

  A dangerous building according to the Building Act 2004 is defined as:
  121 Meaning of dangerous building

  A building is dangerous for the purposes of this Act if -

  • in the ordinary course of events (excluding the occurrence of an earthquake), the building is likely to cause -
    (i) injury or death (whether by collapse or otherwise) to any persons in it or to persons on other property; or 
    (ii) damage to other property; or
  • in the event of fire, injury or death to any persons in the building or to persons on other property is likely.

  What is an insanitary building

  An insanitary building according to the Building Act 2004 is defined as:
  123 Meaning of an insanitary building

  • is offensive or likely to be injurious to health because -
    (i) of how it is situated or constructed; or
    (ii) it is in a state of disrepair; or
  • has insufficient or defective provisions against moisture penetration so as to cause dampness in the building or in any adjoining building; or
  • does not have a supply of potable water that is adequate for its intended use; or
  • does not have sanitary facilities that are adequate for its intended use.

  Earthquake prone building aspects of the policy

  A separate consultation is currently being planned in relation to the Building Act legislation around earthquake-prone buildings. Work relating to this is expected to commence in the later part of 2018.  If you have an interest in the future work on the Building Act legislation relating to earthquake-prone buildings, please let us know and we can ensure you are notified via email when work relating to this begins.

  Heritage buildings

  This policy applies to heritage buildings in the same way it applies to other buildings.

  When considering what action the Council should take on a listed or scheduled heritage building that is deemed dangerous or insanitary, we will take into account the heritage values of the building in determining the possible courses of action and will seek to avoid demolition whenever possible.

  Suitably qualified professionals with heritage expertise will be engaged where necessary to advise and recommend on possible actions.

  When considering these buildings account will be taken of:

  • The importance of recognising any special traditional or cultural aspects of the intended use of the building.
  • The need to facilitate the preservation and ongoing use of buildings and areas of significant cultural, historical or heritage value.
  • The circumstances of each owner and each building, including whether the building has undergo any recent building work.

   

  Special Consultative Proceedure

  This policy review will be following an SCP process.  This procedure is set out in section 83 of the Local Government Act 2002 and we will be following this procedure by:

  • Council adopting this proposal for consultation at its meeting in August 2018.
  • A public notice advertising this project and the consultation period will be in the Christchurch Press.
  • The review is open to submissions from Monday 3 September until Friday 5 October 2018 (one calendar month).
  • All submitters have an opportunity to be heard at a formal hearings process on 2 November 2018.
  • All meetings where this policy review is being considered (including the hearings) will be open to the public.
  • The final decision on the adoption of the Dangerous and Insanitary Buildings Policy will be made by the Council.

  Once the consultation period has closed a staff report will be presented to the Hearings Panel. The Hearings Panel will then consider the staff report, which will include a staff recommendation on the matters raised in submissions. The panel will also be able to listen to any submitters who have indicated they would like to speak about this policy.
  When the hearings have concluded the Hearings Panel will then make a recommendation to Council, who will make the final decision on adopting the Dangerous and Insanitary Buildings Policy.
  The new policy will replace the Council’s current Earthquake-prone, Dangerous and Insanitary Buildings Policy. All submitters will receive written updates on the project, including details of the staff recommendations and meetings, and details on speaking to the Hearings Panel. 

  Hearings panel

  A hearings panel consists of a minimum of three members. At least one member must be a Councillor and the remaining members may be Councillors or Community Board members.

  The role of the hearings panel is to listen, ask questions and then consider all relevant information presented to it. Based on this information it will then make a recommendation to Council as the final decision maker.

  Timeline

  Monday 3 September 2018 - consultation begins
  Friday 5 October 2018 - consultation closes
  October 2018 - submitters notified of hearings process and when the staff report will be available to view
  Friday 2 November 2018 - hearings panel meeting
  November/December 2018 - Council adopt policy
  November/December 2018 - Policy expected to come into force.  Subject to Council approval.