Overview of policy
• What is the new policy?
• What changes does the policy introduce?
• When is the policy effective from?
• What buildings does this policy affect?
• What buildings are not affected by this policy?
67% Target
• Is the new 67% earthquake strengthening standard a compulsory target for all earthquake-prone buildings?
• Does the new 67% strengthening target in the policy apply to all buildings?
• Does this new policy and new target apply to new buildings?
• If my commercial building already has an earthquake strength level above 33% of code what do I do?
Earthquake Damaged Buildings
• If my commercial building was damaged by the recent earthquakes in 2010 what do I do?
• What do I do if my earthquake-prone building was damaged by the recent earthquakes in 2010 but won’t be repaired until after 1 July 2012?
Buildings Not Damaged by 2010 Earthquakes
• If my commercial building is currently less than 33% earthquake strengthened but WAS NOT damaged by the recent earthquakes in 2010, what do I do?
• What is a 124 notice?
General Information
• What type of building work will trigger a need to strengthen my earthquake-prone building?
• What is the Council process for establishing and recording a building’s earthquake-prone status?
• What if I disagree with the Council’s initial assessment or detailed assessment of my building?
• What buildings will not require an assessment from 1 July 2012?
• What does ‘Earthquake-Prone’ mean?
• How many earthquake-prone buildings are there in Christchurch?
• What type of buildings has the highest risk from earthquakes?
• Are there any earthquake-prone heritage buildings in Christchurch?
• What is considered a ‘moderate earthquake’?
Overview of Policy
What is the new policy?
This policy updates the policy adopted by the Council in 2006, as required by the Building Act 2004. It sets out how the Council will perform its functions under the Act in relation to earthquake-prone, dangerous and insanitary buildings. In relation to earthquake-prone buildings the policy aims to increase the strength of Christchurch buildings through the processes in the policy so, in future earthquakes, the damage to both people and property is minimised. Stronger buildings will not only improve public safety, but will also provide greater resilience and a quicker recovery time after an earthquake.
What changes does the policy introduce?
The former policy required earthquake-prone buildings to be strengthened to 33% of the building code requirements for a new building (certain buildings that are less than 33% of code are earthquake-prone). The new policy aims for buildings to be strengthened to 67% of code. Assessments will be made by Council on a case by case basis as to whether it is practicable for all buildings to meet that target. Other changes included the introduction of time frames for different importance levels of buildings, clarifying the definition of significant alteration requiring owners to take action if buildings are damaged in an earthquake and other minor changes. There were no significant changes to the dangerous and insanitary buildings provisions in the policy.
When is the policy effective from?
The policy is effective immediately (from 10 September 2010) for any earthquake-prone building for which a building consent application is made that involves a significant alteration or repair to the building (this may include buildings damaged by the earthquakes on 4 September 2010 and 26 December 2010). However, if the building was not damaged by the recent earthquakes or no building consent applications are made then owners have 15 - 30 years, from 1 July 2012, to complete the required earthquake strengthening work.
View the Earthquake-prone, Dangerous and Insanitary Buildings Policy in full
What buildings does this policy affect?
The earthquake-prone buildings section of the Policy will primarily affect buildings constructed prior to 1976. Building’s constructed after that date are less likely to be earthquake-prone. It affects these buildings in two different ways, as follows:
• If an earthquake-prone building was damaged by the recent earthquakes in 2010, the policy affects the building immediately.
• If an earthquake-prone building was not damaged by the recent earthquakes in 2010, the policy will affect them from 1 July 2012.
What buildings are not affected by this policy?
• Buildings used wholly or mainly for residential purposes – unless the building comprises of two or more storeys and contains three or more household units.
• Buildings that were designed or strengthened to the 1976 NZS 4203 Building Codes and subsequent codes, unless they have a critical structural weakness.
• Isolated structures unlikely to collapse.
• Infrastructure assets covered by an Assets Management Plan such as infrastructure assets owned or controlled by the Council, Transit New Zealand or the owner of ‘works’ as defined in the Electricity Act 1992.
67% Target
Is the new 67% earthquake strengthening standard a compulsory target for all earthquake-prone buildings?
No. The 67% earthquake strengthening standard is a target – it is not a fixed level that must be met in all situations. Where the target of 67% is difficult or not practical to achieve, the building work that needs to be done to achieve the 67% target will be assessed by the Council. This assessment will be done on a case by case basis. The Council will work closely with building owners to achieve sensible, safe outcomes that are economically feasible. The Council will also take into account heritage values of listed heritage buildings.
Does the new 67% strengthening target in the policy apply to all buildings?
No. It only applies to buildings that are defined as earthquake-prone and applies equally to listed and unlisted heritage buildings. It does not apply to the average residential home and does not relate to chimney repairs. It applies equally to listed and unlisted heritage buildings.
Does this new policy and new target apply to new buildings?
No. The policy does not apply to new buildings or a new building replacing an old building that was demolished as a result of the earthquake. All new buildings must be designed to withstand earthquakes and fully comply with the current Building Code requirements. An earthquake strengthening level under 100% is not considered acceptable for any new building.
If my commercial building already has an earthquake strength level above 33% of code what do I do?
If it is above 33% of code then your building in not an earthquake-prone building and the policy does not apply. If it hasn’t been damaged, become dangerous or insanitary, and will still be used for the same business purpose as outlined in the Building Consent, then you do not need to do anything.
Earthquake damaged buildings
If my commercial building was damaged by the recent earthquakes in 2010 what do I do?
Before you begin repairs on the building you will need to undertake a number of tasks as part of your Building Consent application process, as follows:-.
Check your building’s most recent engineers report and see what percentage level of earthquake strengthening the building meets under the Building Code. This information is usually on the last page of your engineers report in the ‘summary’ section. There may be a number of calculations on this page, along with a final percentage figure, indicating its earthquake strengthening level. If you are not sure you are looking at the correct figure, either double-check it with the original author of the report or ask a certified engineer to check it for you.
If the earthquake strengthening level is 34% or less you will need to get a certified engineer to assess your building and write a report for you to include in your Building Consent application. The engineer’s report, along with the repair plans and specifications, then need to go to the Christchurch City Council’s Building Consents Team as part of your Building Consent application. The Council will analyse the engineer’s report, and the rest of the information provided in your Building Consent application. All building work should aim to reach a strengthening level of 67%. However, after reviewing the application, the Council may agree to a new earthquake strengthening target for your particular building which the repairs should aim to reach. This new target will be based on a number of different factors - including the economic feasibility of strengthening the building to a level of 67%.
If the earthquake strength level of your building is between 34% and 67% (or higher) your building is not an earthquake-prone building and the policy does not apply. Council would encourage you to consider strengthening the building to at least 67% as part of your repairs.
What do I do if my earthquake-prone building was damaged by the recent earthquakes in 2010 but won’t be repaired until after 1 July 2012?
After 1 July 2012 the Christchurch City Council will still seek for your building to meet the new earthquake strengthening target of 67%.
Although the policy provides that after 1 July 2012 the Council will categorise and prioritise earthquake-prone buildings into three different categories (Category A buildings will have 15 years to be earthquake strengthened, Category B will have 20 years and Category C buildings will have 30 years) Those time frames do not apply when a building consent application is received that involves a “significant alteration” (as defined in the policy).
Buildings Not Damaged by 2010 Earthquakes
If my commercial building is currently less than 33% earthquake strengthened but WAS NOT damaged by the recent earthquakes in 2010, what do I do?
Unless you plan on carrying out repairs to your building, you do not need to do anything at this stage. However, from 1 July 2012 the Christchurch City Council will begin reviewing council files in order to identify buildings that could be earthquake-prone. Owners will receive a letter from the Council informing them their building could be earthquake-prone and that further assessment will be needed. Once the assessment has been completed the Council will either issue the building owner with a 124 notice (if the building is deemed to be earthquake-prone and needs more earthquake strengthening) or will inform the owner that the building meets the Building Code and no further earthquake strengthening needs to take place.
What is a 124 notice?
A 124 notice is a notification under the Building Act 2004 that the Council can issue. It allows the Council to:
(a) put up a hoarding or fence to prevent people from approaching the building nearer than is safe;
(b) attach in a prominent place on or adjacent to, the building a notice that warns people not to approach the building;
(c) give written notice requiring work to be carried out on the building.
(Note that additional powers have been given to Council to deal with earthquake-prone, dangerous and insanitary buildings in response to the 4 September 2010 earthquake).
Please be aware that a person commits an offence if they fail to comply with a 124 notice and could be liable to a fine not exceeding $200,000.
Will the Council issue me with a 124 notice without any warning?
No. Before exercising its powers under section 124 of the Building Act, the Council will discuss options for action with owners, with a view to reaching a mutually acceptable approach for dealing with the problems identified. It is hoped this will result in the owner submitting a proposal to the council outlining their plans for the strengthening or removal of the earthquake-prone building. In the event that discussions do not result in a mutually acceptable approach and/or proposal, the Council will then serve a formal notice on the owner in accordance with section 124 of the Building Act 2004.
General Information
What type of building work will trigger a need to strengthen my earthquake-prone building?
When the Council receive a Building Consent application for building work on an earthquake-prone building that is structural, involves work costing over $50,000 or more than 25% of the rateable value of the building, then the Council will aim for the building to be strengthened to 67%.
What is the Council process for establishing and recording a building’s earthquake-prone status?
The Council process takes place in three stages, as follows:
1. Stage One: Identification of potentially earthquake-prone buildings from a review of Council files.
2. Stage Two: Initial assessment using the New Zealand Society of Earthquake Engineers’ (NZSEE’s) Initial Evaluation Procedure. The results from this initial assessment will be noted on the property file and in the Geographic (GIS) system.
3. Stage Three: Detailed assessment using the NZSEE’s detailed assessment method. The results from this detailed assessment will be noted on the property file and in the GIS system. At this stage a 124 notice could be issued to the owner of the building giving them a certain amount of time to complete earthquake strengthening work.
Please be aware that not all buildings will go through either or both of Stages Two and Three. The undertaking of initial and detailed assessments is at the owner’s discretion, although this does not prevent the Council from carrying out an assessment at any time.
What if I disagree with the Council’s initial assessment or detailed assessment of my building?
You will be advised from the date of the initial letter (which advises you that your building is considered earthquake-prone), that you have 60 days to provide evidence that the building is not earthquake-prone. The Council will accept an initial assessment using the New Zealand Society of Earthquake Engineers’ (NZSEE’s) Initial Evaluation Procedure, or an equivalent method, as satisfactory evidence that a building is not earthquake-prone.
What does ‘Earthquake-Prone’ mean?
An earthquake-prone building is a building that:
• will have its ultimate capacity exceeded in a moderate earthquake, and
• would be likely to collapse causing injury or death to persons in the building or to persons on any other property; or cause damage to any other property.
An earthquake-prone building will generally have a strength that is less than 33% of the current seismic loading standard in New Zealand.
How many earthquake-prone buildings are there in Christchurch?
It is estimated there are potentially 7600 buildings in Christchurch that are ‘earthquake-prone’. These are commercial buildings constructed before 1976.
What type of buildings has the highest risk from earthquakes?
The buildings in Christchurch that were constructed before 1976 that have the highest risk of collapse in an earthquake are the approximately 960 un-reinforced masonry buildings. However, refurbishment and redevelopment for new uses for these types of buildings has meant some of them are stronger than they once were.
Are there any earthquake-prone heritage buildings in Christchurch?
There are approximately 490 heritage buildings that are earthquake-prone. Many heritage and character buildings sustained extensive damage in the 4 September and 26 December 2010 earthquakes. The majority of heritage buildings in Christchurch are un-reinforced masonry (295) whilst 29 are reinforced concrete and 163 are timber-framed buildings.
What is considered a ‘moderate earthquake’?
A moderate earthquake, in relation to a building, is an earthquake that would generate shaking at the site of the building that is of the same duration as, but that is one-third as strong as the earthquake shaking (determined by normal measure of acceleration, velocity, and displacement) that would be used to design a new building at that site.
