s72 notice

FAQs – residents’ information

What is a “Section 72 notice”?

A section 72 notice is Council's means of notifying that a property is likely to be subject to 1 or more natural hazards on the record of title.  

How does Council decide what a natural hazard is?

Natural Hazards under the Building Act are defined in s.71(3) as one of the following 5 hazards.

• Erosion (including coastal erosion, bank erosion, and sheet erosion)
• Falling debris (including soil, rock, snow and ice)
• Subsidence
• Inundation (including flooding, overland flow, storm surge, tidal effects and ponding)
• Slippage

Who decides when it is applied to a property?

A notice under s.72 of the Building Act is considered during the processing of a building consent application. Council reviews the application against such things as property conditions resulting from subdivision considerations or map overlays from commissioned studies such as flood mapping or areas of slippage. Consideration is also given to known historic events that have happened on specific properties.

I need to get a consent, will I end up with a s.72 notice on my property?

If your property has a known natural hazard, a building consent may be issued subject to s.72. However, a s.72 notice does not apply to minor alterations and may not be imposed if certain considerations are met. (Your designer should be advising you on this.)

Building work that meets the requirements in section 71(2) can be processed as normal without the imposition of a section 72 notice. The requirements in this section apply where the Council is satisfied that adequate provision has been or will be made to:

71(2)(a) Protect the land, building work or other property referred to in that subsection from the natural hazard or hazards; or

71(2) (b) Restore any damage to that land or other property as a result of the building work

For Council to consider 71(2)(a)&(b), information from a suitably qualified professional must be provided that includes detail and consideration of the natural hazard and the provision made or proposed to protect the land, building or works that will be completed.

How do I go about getting a s.72 notice removed?

A request to consider the removal of a s.72 notice (or s.36(2) under the previous 1991 Building Act) can be made to the Building Unit through Council's service request process. While it will likely be required that a professional review be done of the natural hazard and any completed or proposed works to protect the land, building or work, it is important to ensure that you provide clear direction to the professional about what you require.

For more information, please find the building Act 2004 in the link below:

https://www.legislation.govt.nz/act/public/2004/0072/latest/DLM306036.html#DLM306817