Building (Earthquake-prone Buildings) Amendment Bill

Building (Earthquake-prone Buildings) Amendment Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Building (Earthquake-prone Buildings) Amendment Act 2025 . 2 Commencement This Act comes into force on 1 July 2027 . However, section 7 (to the extent that it relates to sections 133 A E, 133 A P, and 133 A S , and 133ASA of the principal Act), sections 12 and 13, and Schedules 1 and 2 come into force on the day after Royal assent. 3 Principal Act This Act amends the Building Act 2004. 4 Section 7 amended (Interpretation) In section 7(1), insert in their appropriate alphabetical order: 2025 amendment Act has the meaning given to it by clause 18 of Schedule 1AA building within scope has the meaning given to it by section 133 A B(3) and (4) engineering evaluation , in relation to a building, means the evaluation of the building in accordance with the EPB methodology EPB warning sign means a warning sign issued under section 133AZA high seismic zone has the meaning given to it by section 133 A E low seismic zone has the meaning given to it by section 133 A E medium seismic zone has the meaning given to it by section 133 A E required remediation measure has the meaning given to it by section 133D(2) 133AD(1) In section 7(1), replace the definition of earthquake-prone building with: earthquake-prone building has the meaning given to it by section 133 A C In section 7(1), repeal the definitions of earthquake rating , high seismic risk , low seismic risk , and medium seismic risk . In section 7(1), replace the definition of EPB exemption notice with: EPB exemption notice means an exemption notice issued under section 133V 133AW In section 7(1), replace the definition of EPB methodology with: EPB methodology means the methodology for identifying earthquake-prone buildings that is set by the chief executive under section 133 A ZI In section 7(1), replace the definition of EPB notice with: EPB notice means a notice issued under section 133 A U . In section 7(1), replace the definition of seismic work with: seismic work , in relation to a building within scope or a priority building that is subject to an EPB notice that includes an earthquake-prone building with a required remediation measure,— a means the building work required to comply with the required remediation measure; and b may include the demolition of all or part of the building 5 Section 112 amended (Alterations to existing buildings) In section 112(3), replace section 133AT with section 133V 133AZF . 5A Section 114 amended (Owner must give notice of change of use, extension of life, or subdivision of buildings) In section 114(1), after this section , insert , section 114A , . 5B New section 114A inserted (No change of use for earthquake-prone building until required remediation is complete) After section 114, insert: 114A No change of use for earthquake-prone building until required remediation is complete 1 This section applies to a building if— a the building is an earthquake-prone building with a required remediation measure; and b the building’s seismic work is not complete. 2 The owner of the building must not change the use of the building until the building’s seismic work is complete. 6 Section 115 amended (Code compliance requirements: change of use) In section 115, insert as subsection (2) subsections (2) to (4) : 2 For the purposes of this section, structural performance — a includes the seismic work that is a required remediation measure; but b does not include seismic work that would be in addition to, or more onerous than, the required remediation measure (if any). 2 Subsection (1) is subject to subsections (3) and (4) , which apply as follows: a subsection (3) applies to a building if the building— i was an earthquake-prone building with a required remediation measure; and ii ceased to be an earthquake-prone building because the building’s seismic work was completed: b subsection (4) applies to a building if the building— i is an earthquake-prone building that does not have a required remediation measure because it is a 1- or 2-storey-high unreinforced masonry building that is outside an urban centre (a register-only EPB ) ( see section 133AD ); or ii is a former register-only EPB that ceased to be an earthquake-prone building under section 133AZAA(2) after undergoing facade risk mitigation. Exception for former earthquake-prone buildings that have completed required remediation 3 If this subsection applies to a building, the requirements in subsection (1) must, to the extent that they relate to structural performance in relation to earthquakes, be treated as met in relation to an element of the building if that element was remediated as part of the building’s seismic work. Exception for current and former register-only earthquake-prone buildings 4 If this subsection applies to a building, the requirements in subsection (1) do not apply to the extent that they relate to structural performance in relation to earthquakes. 7 Subpart 6A of Part 2 replaced Replace subpart 6A of Part 2 with: 6A Special provisions for earthquake-prone buildings Application and interpretation 133 A A Outline 1 Sections 133 A B to 133 A F relate to interpretation and define the key terms used in this subpart. 2 Sections 133 A G to 133 A O set out the procedures to be followed in identifying potentially earthquake-prone and earthquake-prone buildings , and priority buildings. 3 Sections 133 A P to 133 A R set out the circumstances in which buildings cease to be earthquake - prone as a result of the 2025 amendment Act Building (Earthquake-prone Buildings) Amendment Act 2025 . 4 Sections 133 A S and to 133 A T provide for a review of the earthquake status of certain buildings in light of the changes made by the 2025 amendment Act Building (Earthquake-prone Buildings) Amendment Act 2025 . 5 Sections 133 A U to 133ZC 133AZB provide for the remediation of earthquake-prone buildings. 6 Sections 133 A ZD to 133ZG 133AZF confer powers on territorial authorities in relation to earthquake-prone buildings. 7 Section 133 A ZH creates offences. 8 Sections 133 A ZI and 133 A ZJ provide for the issue issuing of a methodology to be used as a tool for identifying buildings within scope, earthquake-prone buildings, and potentially earthquake-prone buildings. 133 A B Interpretation: building , and building within scope , and building type Meaning of building 1 In this subpart, building includes all buildings (within the meaning of sections 8 and 9) except the following: a a building that is used wholly or mainly for residential purposes (but see subsection (2) ): b a farm building (being a shed or other building that is located on a farm and used primarily for farming activities or an ancillary purpose): c a stand-alone retaining wall (being a retaining wall that is not integral to the structure of a building): d a fence: e a monument (including a statue), unless the monument is capable of being entered by a person: f a wharf: g a bridge: h a tunnel: i a storage tank: j a building that is a dam: k a part of a building that is a dam. 2 Despite subsection (1)(a) , a in this subpart, building building includes a building that — a a building that comprises 2 or more storeys; and b either— i is a hostel, boardinghouse, or other specialised accommodation; or ii contains 3 or more household units. Meaning of building within scope 3 In this subpart, building within scope means a building— a that is in a medium or high seismic zone; and b in respect of to which either of the following applies: i it is a tall building built using heavy materials that was designed before 1 January 1976 and is at least 3 storeys high and built of concrete or other heavy materials (as explained in the EPB methodology) ; or ii it is built of unreinforced masonry (as explained in the EPB methodology) an unreinforced masonry building . 4 For the purposes of sections 133S, 133T, and 133ZB section 133ASB (which specifies how buildings that were registered as earthquake prone must be dealt with) , building within scope also includes a building— a that is in a medium or high seismic zone; and b in respect of to which both of the following apply: i it is a tall building built using heavy materials that was designed on or after 1 January 1976 and is at least 3 storeys high and built of concrete or other heavy materials (as explained in the EPB methodology) : ii it was completed before 1 July 2027 . 5 The following buildings are also a building within scope : a a building that is designated as an earthquake-prone building under section 133AI while it remains designated as an earthquake-prone building: b a building described in subsection (4)(a) and (b) while its status as an earthquake-prone building is continued under section 133ASB(3)(a) . Building types 6 In this subpart,— a a building is 1, 2, 3, or any other number of storeys high , as the case may be, if it satisfies the requirements specified in the EPB methodology for a building of its type to be considered to be that many storeys high (which may, without limitation, relate to the height of the building in storeys or in metres, or to the height of a component of the building, such as the building’s facade): b tall building built using heavy materials means a building that— i is at least 3 storeys high; and ii includes 1 or more significant elements (for example, a roof or floor) that are built using concrete or other heavy materials (as those concepts are explained in the EPB methodology); and iii satisfies the other criteria to be a tall building built using heavy materials specified in the EPB methodology (if any): c unreinforced masonry building means a building that— i has 1 or more exterior walls that are built of unreinforced masonry (as those concepts are explained in the EPB methodology); and ii satisfies the other criteria to be an unreinforced masonry building specified in the EPB methodology (if any). 2004 No 72 s 133A s 133AA 133C Meaning of earthquake-prone building 1 A building within scope is an earthquake-prone building if— a the building is located in a medium or high seismic zone; and b either of the following applies: i the building was designed before 1 January 1976 and is at least 3 storeys high and built of concrete or other heavy materials (as explained in the EPB methodology), and is evaluated, using the EPB methodology, as an earthquake-prone building; or ii the building is built of unreinforced masonry (as explained in the EPB methodology) and is evaluated, using the EPB methodology, as an earthquake-prone building. 2 An earthquake-prone building also includes— a a building designated under section 133I as an earthquake-prone building; and b for the purposes of sections 133S, 133T, and 133ZB , any building referred to in section 133B(4) — i that is recorded in the EPB register as an earthquake-prone building; and ii that is required by any of those sections to be treated as an earthquake-prone building. 3 Whether a building within scope is earthquake-prone is determined by the territorial authority in whose district the building is situated ( see sections 133I, 133O, and 133T ). 2004 No 72 s 133AB 133AC Meaning of earthquake-prone building 1 A building is an earthquake-prone building if the building is,— a evaluated as earthquake prone using the EPB methodology; and b designated as an earthquake-prone building under section 133AI(6A) or 133AO(3) . 2 A building is also an earthquake-prone building if— a its status as an earthquake-prone building is continued under section 133ASB(3)(a) or (8) ; or b it is required to be treated as an earthquake-prone building under section 133AO(4) . 3 Whether a building is earthquake prone is determined by the territorial authority in whose district the building is situated ( see sections 133AI and 133AO ). 2004 No 72 s 133AB 133D Meaning of earthquake evaluation and required remediation measure 1 In this subpart, earthquake evaluation , in relation to a building within scope or another building, means any evaluation that the relevant territorial authority is required to make as to whether a building— a is a building within scope: b is earthquake-prone: c is a priority building: d if earthquake-prone, should be subject to a required remediation measure and, if so, which measure. 2 In this subpart, required remediation measure means one of the following: a facade securing, as explained in the EPB methodology: b a targeted retrofit, as explained in the EPB methodology: c a full retrofit, as explained in the EPB methodology. 3 The decision as to whether a building within scope is earthquake-prone— a is made by a relevant territorial authority,— i in the case of a building referred to in section 133C(1)(b)(i) , in accordance with the EPB methodology ( see section 133ZI ): ii in the case of a building referred to in section 133C(1)(b)(ii) (an unreinforced masonry building), in accordance with the EPB methodology: iii in the case of a building referred to in section 133C(2) , in accordance with the EPB methodology: b must be specified on the EPB notice issued for the earthquake-prone building (if required) and recorded in the EPB register: c determines the form of the EPB notice issued for the building within scope (if any) ( see section 401C(1)(a) ). 4 The determination of whether an earthquake-prone building should have a required remediation measure imposed, and, if so, which remediation measure,— a will depend on the EPB methodology; and b may vary according to the area the building is in (for example, whether it is in an urban centre or outside an urban centre ( see subsection (5) ) and other considerations described in the methodology. 5 For the purposes of the determination referred to in subsection (4) ,— a an earthquake-prone building that was designed before 1 January 1976 and is at least 3 storeys high and is made of concrete or other heavy materials (as explained in the EPB methodology) must have a targeted retrofit and be recorded in the EPB register: b an unreinforced masonry building outside an urban centre— i needs only to be recorded in the EPB register if the building is 1 or 2 storeys high; but ii must undergo facade securing if the building is 3 or more storeys high: c an unreinforced masonry building in an urban centre must— i undergo facade securing and be recorded in the EPB register if it is 1 or 2 storeys high: ii have a full retrofit and be recorded in the EPB register if the building is 3 or more storeys high. 6 An unreinforced masonry building referred to in subsection (5)(b)(i) must undergo facade securing (as explained in the EPB methodology) before its details can be removed from the EPB register. 7 For the purposes of this section, urban centre means any of the following described in Statistics New Zealand’s Functional urban areas – methodology and classification (2021): a a metropolitan area: b a large regional centre: c a medium regional centre. 2004 No 72 s 133AC 133AD Required remediation measures Meaning of required remediation measure 1 In this subpart, required remediation measure means one of the following: a facade risk mitigation , which mitigates the risk of injury or death posed by an earthquake causing building elements that are built of, or supported by, unreinforced masonry to fall onto an area outside the building by requiring the building’s owner to carry out seismic work on or in relation to some or all of those elements (as those concepts are explained in the EPB methodology): b a targeted retrofit , which mitigates the risk of injury or death posed by an earthquake causing a building to fully or partially collapse by requiring the building’s owner to carry out seismic work on or in relation to some or all of the structural deficiencies of the building that give rise to that risk (as those concepts are explained in the EPB methodology). 2 The details of what must be done to comply with a required remediation measure must be determined using the EPB methodology and may vary from building to building depending on the particular features of each building. How earthquake-prone building’s required remediation measure is determined 3 Subsections (4) to (7) set out how the required remediation measure for an earthquake-prone building must be determined. 4 The required remediation measure for an earthquake-prone building of a type specified in the first column of the table in subsection (7) depends on whether a building is located in an urban centre or outside an urban centre. 5 If the building is located in an urban centre, the required remediation measure is specified in the second column of the table. 6 If the building is located outside an urban centre, the required remediation measure is specified in the third column of the table. 7 The table is as follows: The following table is small in size and has 3 columns. Column 1 is headed EPB type. Column 2 is headed Remediation if in urban centre. Column 3 is headed Remediation if outside urban centre. EPB type Remediation if in urban centre Remediation if outside urban centre Unreinforced masonry building, 1 or 2 storeys high Facade risk mitigation No required remediation (but see section 133AZAA ) Unreinforced masonry building, 3 or more storeys high Targeted retrofit Facade risk mitigation Tall building built using heavy materials Targeted retrofit Targeted retrofit 8 For the purposes of this section, urban centre — a means any of the following described in Statistics New Zealand’s Functional urban areas – methodology and classification (2021): i a metropolitan area’s urban core and secondary urban cores: ii a large regional centre’s urban core and secondary urban cores: iii a medium regional centre’s urban core; and b refers to those areas as they were delineated on 10 February 2021 (when the Functional urban areas – methodology and classification (2021) was published). 133 A E Meaning of low, medium, and high seismic zones 1 For the purposes of this subpart, the area in which a building is located is— a in a low seismic zone , if the area it is in an area marked as seismically unrated no EPB requirements on the map in Schedule 2A ; and b in a medium seismic zone , if the area it is in an area marked as a medium seismic zone on the map in Schedule 2A ; and c in a high seismic zone , if the area it is in an area marked as a high seismic zone on the map in Schedule 2A . 2 The chief executive must publish and maintain, on an internet site operated by or on behalf of the chief executive, a digital version of the map in Schedule 2A that is capable of being shows the boundaries of each territorial authority’s district and can be enlarged to a sufficient extent to indicate in which seismic zone an individual property is located. 3 The seismic zone of an area affects— a whether a territorial authority must apply the EPB methodology to identify earthquake-prone buildings in a particular zone; and b the time frame within which a territorial authority must— i apply the EPB methodology to identify buildings in the area that are potentially earthquake - prone ( see section 133 A H ); and ii report to the chief executive on its progress towards that objective; and c the deadline for completing seismic work on a building earthquake-prone buildings in the area , if it is subject to an EPB notice ( see sections 133 A V and 133 A X ). 2004 No 72 s 133AD 133 A F Meaning of priority building 1 In this subpart, priority building means any of the following buildings that are located in a medium or high seismic zone: a an unreinforced masonry building, part of which could— i fall from the building in an earthquake (for example, a parapet, an external wall, or a veranda); and ii fall onto any part of a public road, footpath, or other thoroughfare that a territorial authority has identified under section 133 A G(3)(a) : b a building that a territorial authority has identified under section 133 A G(3)(b) as having the potential to impede a transport route of strategic importance (in terms of an emergency response) if the building were to collapse in an earthquake. 2 If only part of a building meets the criteria set out in subsection (1) , only that part of the building is a priority building. 3 Whether a building is a priority building affects— a the deadline by which a territorial authority must identify whether the building is earthquake - prone ( see sections 133 A H and 133 A I ); and b the deadline for completing seismic work on the building or a part of the building if it is subject to an EPB notice if it is an earthquake-prone building ( see section 133 A V ). 2004 No 72 s 133AE Identifying priority buildings 133 A G Role of territorial authority in identifying certain priority buildings 1 This section applies to a territorial authority whose district includes any area that is in a medium or high seismic zone. 2 However, this section does not apply in respect of any building that, immediately before the day after the 2025 amendment Act Building (Earthquake-prone Buildings) Amendment Act 2025 received Royal assent, was in a low seismic zone. 3 The territorial authority,— a for the purpose of section 133 A F(1)(a) (prioritising parts of unreinforced masonry buildings in a medium or high seismic zone), must use the special consultative procedure in section 83 of the Local Government Act 2002 to identify any part of a public road, footpath, or other thoroughfare that is in a medium or high seismic zone and— i onto which parts of an unreinforced masonry building could fall in an earthquake; and ii that has sufficient vehicle or pedestrian traffic to warrant prioritising the identification and remediation of those parts of the unreinforced masonry buildings referred to in subparagraph (i) ; and b for the purpose of section 133 A F(1)(b) (prioritising a building in a medium or high seismic zone that could impede a strategic transport route),— i may, in its discretion, initiate the special consultative procedure in section 83 of the Local Government Act 2002 to identify buildings for that purpose; but ii must not identify buildings for that purpose other than in accordance with the special consultative procedure. 4 However, a territorial authority is not required to act under subsection (3)(a) if there is no reasonable prospect of any thoroughfare in its district satisfying the criteria set out in subsection (3)(a)(i) and (ii) . 5 If a territorial authority is required by subsection (3)(a) or decides under subsection (3)(b) to use the special consultative procedure in section 83 of the Local Government Act 2002 , it must use the procedure within a time frame that enables the territorial authority to meet the applicable time frame under section 133 A H(5) for identifying buildings within scope in its district that are potentially earthquake - prone and buildings that are priority buildings. 2004 No 72 s 133AF Identifying potentially earthquake-prone buildings during applicable time frame 133 A H Territorial authority must identify potentially earthquake-prone buildings within applicable time frame 1 This section applies to a territorial authority in respect of any building in its district that was or is a building within scope (within the meaning of section 133 A B(3) )— a on or after 1 July 2017 but before 1 July 2027 ; or b on or after 1 July 2027 . 2 However, this section does not apply in relation to any building that, on the day after the 2025 amendment Act Building (Earthquake-prone Buildings) Amendment Act 2025 received Royal assent, was in a low seismic zone. 3 The territorial authority must, within the applicable time frame under specified in subsection (5) , apply the EPB methodology to buildings to which this section applies to identify buildings that are potentially earthquake - prone. 4 Until the end of the applicable time frame, a territorial authority must report to the chief executive on its progress towards identifying buildings to which this section applies that are potentially earthquake - prone as follows: aa if the whole of the district is a new medium seismic zone, 3 years; or a if the district includes a any other medium seismic zone, but no high seismic zone, every 2 years; or b if the district includes a high seismic zone, every year. 5 The applicable time frame is the period commencing on the commencement date (as determined in accordance with subsection (6) ) 1 July 2017 (the commencement date ) and ending on,— aa for a new medium seismic zone, the expiry of 15 years after the commencement date: a for each every other medium seismic zone, the expiry of the following period after the commencement date: i 5 years for priority buildings; and ii 10 years for other buildings; and b for each high seismic zone, the expiry of the following period after the commencement date: i 2 years and 6 months for priority buildings; and ii 5 years for other buildings. 6 The commencement date for every deadline that started running before 1 July 2027 is the same date that would have applied when the Building (Earthquake-prone Buildings) Amendment Act 2016 came into force ( see clause 21 of Schedule 1AA for transitional provisions). 6 In this section, new medium seismic zone means an area that— a was in a low seismic risk zone at any time between 1 July 2017 and the date of Royal assent for the Building (Earthquake-prone Buildings) Amendment Act 2025 (including on those dates); but b is in a medium seismic risk zone after the date of Royal assent for the Building (Earthquake-prone Buildings) Amendment Act 2025 . 2004 No 72 s 133AG Identifying buildings after expiry of applicable time frame 133 A I Territorial authority may identify certain buildings after expiry of applicable time frame 1 This section applies in respect of any building— a in a medium seismic zone or a high seismic zone; and b that was designed on or after 1 January 1976; and c on which construction was completed before 1 July 2027 ; and d that is a tall building built using heavy materials 3 or more storeys high and built of concrete or other heavy materials (as explained in the EPB methodology) . 2 After the end of the applicable time frame (as defined in section 133 A H(5) ), a territorial authority may, if it has reason to suspect that a building within its district to which this section applies may be earthquake - prone, identify the building as earthquake - prone, but may do so only — a by applying the EPB methodology; and b if the building meets the criteria to be earthquake prone under that methodology for an earthquake-prone building . 3 After making an identification under subsection (2) , the territorial authority must— a notify the owner of the building in writing— i of the identification; and ii that the owner has a specified period to comment on the identification (being a period of not less than 20 working days); and b consider the matters contained in the owner’s response (if any); and c if it wishes to designate the building as an earthquake-prone building, consult refer the proposed designation to the chief executive on whether they agree that the building be designated an earthquake-prone building for confirmation that the building may be designated as such . 4 As soon as practicable after receiving a consultation request under subsection (3) , the chief executive must decide— a whether they agree with the authority’s identification and the designation of the building as earthquake-prone; and b whether a required remediation measure should be imposed, and the details of that measure. 4 As soon as practicable after receiving a referral under subsection (3)(c) , the chief executive must— a consider whether the territorial authority has complied with subsection (3)(a) and (b) ; and b determine the referral by— i agreeing to the proposed designation, if the chief executive is satisfied that the territorial authority has complied with subsection (3)(a) and (b) ; or ii refusing to agree to the proposed designation, if the chief executive is not satisfied that the territorial authority has complied with subsection (3)(a) and (b) . 5 The chief executive must not give their agreement to the proposed designation unless satisfied that the territorial authority has complied with subsection (3)(a) and (b) . 6 The chief executive must notify the territorial authority whether they agree to the authority designating territorial authority’s proposal to designate the building as an earthquake-prone building. 6A If the chief executive agrees to the proposed designation, the territorial authority must— a decide whether to designate the building as an earthquake-prone building; and b if it decides to designate the building as such,— i issue an EPB notice for the building under section 133AU ; and ii record the details of the decision in the EPB register, and update other information in the EPB register as necessary. 7 The A territorial authority may designate a building as an earthquake-prone building under this section only if the chief executive gives their agreement to that designation agrees to the territorial authority’s proposal to designate the building as an earthquake-prone building . 8 The applicable required remediation measure for a building designated under this section as earthquake-prone is the same as would have applied to a building designed before 1 January 1976, and sections 133D and 133U to 133ZJ and the other provisions of this subpart, to the extent that they relate to the completion of, exemption from, or non-compliance with, the required remediation measure apply accordingly, with any necessary modifications, as if the building were a building within scope. 9 The designation of the building as an earthquake-prone building has no legal effect until the date on which the territorial authority designates the building as an earthquake-prone building. Engineering evaluation required for tall buildings built using heavy materials identified under section 133AH 133 A J Territorial authority must request engineering evaluation of certain potentially earthquake-prone buildings 1 If a territorial authority conducting an earthquake evaluation that is identifying buildings that are potentially earthquake prone under section 133 A H identifies a building as having been designed before 1 January 1976, being at least 3 storeys high and constructed of concrete or other heavy materials (as explained in the EPB methodology), and a tall building built using heavy materials that was designed before 1 January 1976 as being potentially earthquake - prone, the territorial authority must ask the owner of the building to provide an engineering evaluation of the building. 2 The request must— a be in writing; and b be dated; and c identify the building that the territorial authority has identified as potentially earthquake - prone; and d explain the basis on which the territorial authority has identified the building as potentially earthquake - prone; and e explain the owner’s obligations under section 133 A K ; and f state whether the building is a priority building; and g state the due date for the engineering evaluation, which must be 12 months after the date of the request; and h explain that if the owner is not reasonably able to provide an engineering evaluation by the due date (for example, because of a shortage of people qualified to conduct engineering evaluations), the owner may apply under section 133 A L for an extension of up to 12 months; and i explain the consequences of the owner failing to provide the engineering evaluation by the due date; and j explain what will happen if the territorial authority determines that the building is earthquake - prone. 2004 No 72 s 133AH 133 A K Obligations of owners on receiving request for engineering evaluation 1 If a territorial authority asks the owner of a building to provide an engineering evaluation of the building under section 133 A J , the owner must, by the due date for the engineering evaluation (which may be extended under section 133 A L ),— a provide to the territorial authority an engineering evaluation of the building that complies with the requirements of the EPB methodology; or b provide to the territorial authority evidence of a factual error in the basis on which the territorial authority has identified the building as potentially earthquake - prone; or c notify the territorial authority that the owner does not intend to provide an engineering evaluation. 2 If a territorial authority is satisfied that it has incorrectly identified a building or a part of a building as potentially earthquake - prone, the territorial authority must cancel the request for an engineering evaluation and give the owner of the building or part written notice of that fact. 2004 No 72 s 133AI 133 A L Owners may apply for extension of time to provide engineering evaluation 1 This section applies if— a a territorial authority asks the owner of a building to provide an engineering evaluation of the building under section 133 A J ; and b the owner is unable to provide an engineering evaluation by the due date. 2 The owner may, no later than 2 months before the due date, apply to the territorial authority for an extension of up to 12 months from the due date. 3 The territorial authority must deal with the application promptly by— a granting the extension and notifying the owner in writing of the revised due date for the engineering evaluation; or b declining the extension and notifying the owner in writing that the extension has not been granted. 4 A territorial authority must not extend the due date for an engineering evaluation more than once. 2004 No 72 s 133AJ Evidence or information required when suspected unreinforced masonry building identified under section 133AH 133 A M Territorial authority must request evidence or information about masonry buildings that may be earthquake - prone 1 If a territorial authority conducting an earthquake evaluation that is identifying buildings that are potentially earthquake prone under section 133 A H identifies what is suspected to be an unreinforced masonry building that is potentially earthquake - prone, the territorial authority must ask the owner of the building to provide evidence or information about the building. 2 The request must— a be in writing; and b be dated; and c identify the building that the territorial authority has identified as potentially earthquake - prone; and d explain the basis on which the territorial authority has identified the building as potentially earthquake - prone; and e explain the owner’s obligations under section 133 A N ; and f state the due date for providing the information or evidence, which must be 6 months after the date of the request; and g state whether the building is a priority building; and h explain the consequences of the owner failing to provide evidence or information by the due date; and i explain what will happen if the territorial authority determines that the building is earthquake - prone. 133 A N Obligations of owners on receiving information or evidence or information request under section 133 A M 1 If a territorial authority asks the owner of what is suspected to be an unreinforced masonry building to provide evidence or information about the building under section 133 A M , the owner must, by the due date under section 133 A M(2)(f) ,— a provide to the territorial authority evidence or information about the earthquake status of the building; or b provide to the territorial authority evidence of a factual error in the basis on which the territorial authority has identified the building as potentially earthquake - prone; or c notify the territorial authority that the owner does not intend to provide evidence or information about the building. 2 If a territorial authority is satisfied that it has incorrectly identified a building as potentially earthquake - prone, the territorial authority must cancel the request for evidence or information and give the owner written notice of that fact. 2004 No 72 s 133AI Determination of whether building identified under section 133AH is earthquake prone 133 A O Territorial authority must determine whether building is earthquake - prone 1 If a territorial authority receives an engineering evaluation of a building , or evidence and or information about, a building in response to a request made under section 133 A J or 133 A M , the territorial authority must determine, in accordance with the EPB methodology, — a in accordance with the EPB methodology, whether the building is earthquake - prone; and b if the building is earthquake - prone, the required remediation measure for the building (if any) ( see section 133AD ) . 2 If the territorial authority determines that the building is not earthquake - prone, the territorial authority must promptly notify the owner of the building in writing of its decision. 3 If the territorial authority determines that the building is earthquake - prone, the territorial authority must promptly— aa designate the building as an earthquake-prone building; and a issue an EPB notice for the building under section 133 A U ; and b record the details of the decision in the EPB register, and update any other information in the EPB register as necessary. 4 If a territorial authority asks the owner of a building or a part of a building to provide an engineering evaluation of the building under section 133 A J or for evidence and or information under section 133 A M , and either does not receive it by the due date or is notified that the owner does not intend to provide it by the due date,— a the territorial authority— i must proceed as if it had determined the building to be earthquake - prone; and ii need not determine whether the building is earthquake - prone; and b this Act applies as if the territorial authority had determined the building to be designated the building as an earthquake-prone building . Cessation of earthquake-prone building status as result of 2025 amendment Act Building (Earthquake-prone Buildings) Amendment Act 2025 133 A P Earthquake-prone buildings in low seismic zones cease to be earthquake-prone buildings If, before this section comes into force, a building or a part of a building was an earthquake-prone building but on that date the area in which the building is located is in, or becomes part of, a low seismic zone,— a the building or part of the building ceases to be an earthquake-prone building ; and b the relevant territorial authority must— i notify the owner of the building or part of the building that it has ceased to be an earthquake-prone building ; and ii remove the details of the building or relevant part of the building from the EPB register; and iii remove, or authorise the owner of the building or relevant part of the building to remove, the any EPB notice or EPB exemption notice that is attached on or adjacent to their the building. 133 A Q Certain other buildings cease to be earthquake-prone buildings 1 This section applies if, before this section comes into force 1 July 2027 , a building or part of a building was an earthquake-prone building but on or after that date the relevant territorial authority decides that the building— a is not 3 or more storeys high and built of concrete or other a tall building built using heavy materials (as explained in the EPB methodology) ; or b is not built of an unreinforced masonry (as explained in the EPB methodology) building . 2 The building or part of the building ceases to be an earthquake-prone building and the relevant territorial authority must— a notify the owner of the building or part of the building that it has ceased to be an earthquake-prone building ; and b remove the details of the building or relevant part of the building from the EPB register; and c remove, or authorise the owner to remove, the any EPB notice or EPB exemption notice that is attached on or adjacent to their the building. 133 A R Certain buildings cease to be priority buildings 1 This section applies if, before 1 July 2027 , a building was a priority building because it qualified as a priority building under section 133AE(1)(a) to (d) (as it read before 1 July 2027 ) but, on or after that date, the relevant territorial authority decides that the building is no longer a priority building because it does not satisfy the criteria to be a priority building under section 133 A F(1)(a) or (b) . 2 The building ceases to be a priority building and the relevant territorial authority must— a notify the owner of the building that it has ceased to be a priority building; and b amend the details of the building in the EPB register and adjust the deadline for completion of seismic work in the EPB register, as necessary; and c re-issue an EPB notice under section 133 A U , if necessary. Review of building status in light of 2025 amendment Act Building (Earthquake-prone Buildings) Amendment Act 2025 133 A S Territorial authorities must identify update earthquake status of certain buildings in low seismic zones 1 As soon as is reasonably practicable after , and within 3 months of, the commencement of this section, each territorial authority whose district includes an area that is in a low seismic zone must identify each building in that zone that is recorded in the EPB register as an earthquake-prone building and remove the details of each building from the register. — a identify each building in that zone that is recorded in the EPB register as an earthquake-prone building; and b take the steps specified in section 133AP(b) in relation to the building. 2 As soon as practicable after 1 July 2027 , each territorial authority whose district includes an area that is in a medium or high seismic zone must— a identify each building in either of those zones that is recorded in the EPB register as an earthquake-prone building or a priority building but is not— i a building within scope; or ii still a priority building; and b identify each building in either of those zones that is recorded in the EPB register as an earthquake-prone building or a priority building and is— i a building within scope; or ii still a priority building; and c evaluate each building— i described in paragraph (a) as not earthquake-prone or not a priority building, or both, as the case requires: ii described in paragraph (b) as earthquake-prone or a priority building or both, as the case requires. 2 If a territorial authority fails to do the things specified in subsection (1)(a) and (b) by the end of the 3-month period specified in subsection (1) , the territorial authority must finish doing those things as soon as possible after the end of the 3-month period. 3 The decision under subsection (2) must be made— a under section 133Q or 133R , as the case requires, and in accordance with the provisions of this subpart as they read on and after 1 July 2027 ; and b on the basis of information held by the authority; and there is no need for the authority to make any inquiries or consider submissions before making the decision. 3 ( See also section 133AP(a) , which provides that a registered earthquake-prone building in a low seismic zone ceases to be an earthquake-prone building on the day that that section and this section come into force). 4 If, as a result of the decision required by subsection (2) , the relevant territorial authority decides that the building is not a building within scope or is not a priority building, or both,— a the building ceases to be an earthquake-prone building or a priority building, or both, as the case requires; and b the relevant territorial authority must— i notify the owner of the building that it has ceased to be an earthquake-prone building or a priority building, or both, as the case requires; and ii remove or amend the details of the building and update the deadlines for completing seismic work in the register for earthquake-prone buildings, accordingly. 5 If at the close of 30 June 2027 a building is classified as an earthquake-prone building and does not cease to hold that status as a result of a decision under subsection (2) , it continues to be an earthquake-prone building unless the relevant territorial authority changes its status, on application by the owner or otherwise, under section 133ZB or otherwise. 6 The obligations imposed on a territorial authority by this section are separate from, and in addition to, the obligations imposed on that authority by section 133H . 2004 No 72 s 133AK 133ASA Territorial authorities may review existing strategic transport routes 1 This section applies if, at the time this section commences, a territorial authority has identified 1 or more buildings as priority buildings because they have the potential to impede a transport route of strategic importance (a strategic transport route ) if they were to collapse in an earthquake. 2 The territorial authority may review whether a strategic transport route in its district, in respect of which a priority building has been identified, should continue to be a strategic transport route on and after 1 July 2027 . 3 A review under this section— a must be carried out using the special consultative procedure in section 83 of the Local Government Act 2002 ; and b must be completed before 1 July 2027 ; and c may be carried out even if the applicable time frame for identifying buildings as potentially earthquake prone under section 133AH(5) has elapsed. 4 If a review under this section relates to a strategic transport route that is a State highway, the territorial authority carrying out the review must also— a consult the New Zealand Transport Agency about whether the route should continue to be a strategic transport route; and b take its views into account when deciding how the route should be dealt with. 5 If, as a result of a review under this section, a territorial authority decides that a route should cease to be a strategic transport route for the purposes of this subpart,— a the route ceases to be a strategic transport route on 1 July 2027 ; and b the territorial authority must take the route’s change in status into account when determining whether buildings in its district are still priority buildings under section 133ASB(1)(c) . 6 A review under this section may not identify new strategic transport routes. 7 In this section, State highway has the meaning given to it by section 5(1) of the Land Transport Management Act 2003 . 133ASB Territorial authorities must determine and update earthquake status of buildings in medium and high seismic zones Evaluation of buildings in medium and high seismic zones 1 As soon as is reasonably practicable after, and within 3 months of, 1 July 2027 , each territorial authority whose district includes an area that is in a medium or high seismic zone must— a identify each building in either of those zones that is recorded in the EPB register as an earthquake-prone building or a priority building; and b determine whether each building that is recorded as an earthquake-prone building is a building within scope ( see section 133AB(3) and (4) ); and c determine whether each building that is recorded as a priority building is still a priority building ( see section 133AF ). 2 A decision under subsection (1)(b) or (c) may be made on the basis of information held by the territorial authority, and the territorial authority does not need to make inquiries or consider submissions before making its decision. What happens if building is building within scope 3 If a building is determined to be a building within scope,— a the building continues to be an earthquake-prone building unless the relevant territorial authority subsequently changes its status (whether under section 133AZB or otherwise); and b the territorial authority must— i notify the owner of its decision; and ii take the steps specified in section 133AT in relation to the building. What happens if building is not building within scope 4 If the building is determined not to be a building within scope,— a the building ceases to be an earthquake-prone building; and b the territorial authority must take the steps specified in section 133AQ(2) in relation to the building. What happens if building is priority building 5 If the building is determined to be a priority building,— a the building continues to be a priority building; and b the territorial authority must notify the owner of its decision. What happens if building is not priority building 6 If the building is determined not to be a priority building,— a the building ceases to be a priority building; and b the territorial authority must take the steps specified in section 133AR(2) in relation to the building. What happens if territorial authority runs out of time 7 If a territorial authority fails to do the things specified in subsection (1)(a), (b), and (c) by 1 October 2027 , the territorial authority must finish doing those things as soon as possible after 1 October 2027 . Status of buildings during evaluation 8 If, at the close of 30 June 2027 , a building is classified as an earthquake-prone building, it continues to hold that status until the relevant territorial authority makes a decision about the building under subsection (1)(b) (or until the territorial authority otherwise determines the building should cease to be an earthquake-prone building, if the territorial authority makes that decision before it makes its decision under subsection (1)(b) ). Other obligations to identify earthquake-prone buildings continue to apply 9 The obligations imposed on a territorial authority by this section are separate from, and in addition to, the obligations imposed on the territorial authority by section 133AH . Territorial authorities must make further decisions on certain matters 133T Relevant territorial authority must determine whether certain buildings to which this subpart applies are earthquake-prone or priority buildings 1 If a relevant territorial authority decides, under section 133O, 133S, or 133ZB , that a building to which this subpart applies remains an earthquake-prone building, the territorial authority must determine, in accordance with the EPB methodology and the other relevant criteria,— a whether the building is also a priority building; and b whether a remediation measure is required, and, if so, the particular remediation measure that must be undertaken. 2 If the territorial authority determines that the building is not earthquake-prone, the territorial authority must promptly notify the owner of the building in writing of its decision. 3 If the territorial authority determines that the building is earthquake-prone and requires a particular remediation measure to be undertaken, the territorial authority must promptly— a issue an EPB notice for the building under section 133U ; and b record the details of the decision in the EPB register and update other information in the EPB register as necessary (for example, any change in the deadline for completion of seismic work); and c notify the owner of its decision. 4 If the territorial authority decides that a building is earthquake-prone but no remediation measure is required, it must record the details of the decision in the EPB register and update other information in the EPB register as necessary. 133AT What territorial authority must do after deciding registered earthquake-prone building is building within scope 1 This section applies if a territorial authority determines, under section 133ASB(1)(b) , that a building recorded as an earthquake-prone building is a building within scope. 2 The territorial authority must do the following things in relation to the building: a determine whether the building has a required remediation measure and, if it does, what that measure is ( see section 133AD ); and b issue an EPB notice for the building under section 133AU ; and c update the information about the building in the EPB register to— i record the territorial authority’s determination under section 133ASB(1)(b) in relation to the building: ii record the building’s required remediation measure (or that the building does not have a required remediation measure): iii reflect any other relevant changes (for example, a change to the deadline for completion of seismic work if the building has ceased to be a priority building); and d remove, or authorise the owner of the building to remove, any EPB notice or EPB exemption notice that is attached or adjacent to the building (but see section 133AZA(1) , which requires an EPB warning sign to be attached on or adjacent to an earthquake-prone building). Remediation of earthquake-prone buildings 133 A U Territorial authority must issue EPB notice for earthquake-prone buildings 1 This section applies if— a a territorial authority makes any of the following decisions: i designating a building as earthquake-prone under section 133I : ii determining under section 133S or clause 2 of Schedule 1AA that a building within scope is earthquake-prone: iii revoking an exemption under section 133W(5) : iv revoking an extension under section 133Y(3) : v determining under section 133O, 133S, 133T, or 133ZB that the earthquake evaluation of a building within scope that is already subject to an EPB notice gives the building a different status from the earthquake evaluation (if any) of the building that is stated in the earlier notice or the EPB register; or b section 133Y(4) applies. 1 This section applies if a territorial authority makes any of the following decisions: a a decision designating a building as an earthquake-prone building under section 133AI : b a decision determining that a building is earthquake prone under section 133AO : c a decision determining that a building is a building within scope under section 133ASB(1)(b) : d a decision determining that a building within scope is earthquake prone under clause 2 of Schedule 1AA: e a decision revoking an exemption under section 133AW(5) : f a decision that requires a building’s EPB notice to be reissued to update information in the EPB notice, including the following decisions: i a decision that an earthquake-prone building is no longer a priority building under section 133ASB(1)(c) : ii a decision to grant an extension under section 133AX(4) or to revoke an extension under section 133AX(4B) : iii a decision that an earthquake-prone building’s required remediation measure has changed under section 133AZB(2) . 2 The territorial authority must promptly issue an EPB notice, which must— a be dated; and b be in the prescribed form; and c identify the building determined to be earthquake - prone; and d specify whether the building is a priority building; and e state whether the owner is required to carry out a remediation measure, and the details of that measure; and f state the deadline for completing any required seismic work ( see sections 133 A V, 133 A X, 133 A Y, and 133 A Z ); and g state that the owner of the building may apply under section 133 A W for an exemption from a requirement to carry out seismic work; and h if the building is a building to which section 133 A X applies, state that the owner may apply under that section for an extension of time to complete seismic work; and i state that the owner is not required to complete seismic work if the territorial authority determines or is satisfied, in accordance with section 1330, 133S, 133T, or 133ZB , that the building is not, or is no longer, earthquake-prone, or that section 133AD , that there is no required remediation measure . for the building; and j if the building has no required remediation measure because it is a 1- or 2-storey-high unreinforced masonry building that is outside an urban centre ( see section 133AD ), state that the building may be removed from the EPB register if it undergoes facade risk mitigation ( see section 133AZAA ). 3 The territorial authority must give a copy of the notice to— a the owner; and b every person who has an interest in the land on which the building is situated under a mortgage or other encumbrance registered under the Land Transfer Act 2017; and c every person claiming an interest in the land that is protected by a caveat lodged and in force under section 138 of the Land Transfer Act 2017; and d every statutory authority that has exercised a statutory power to classify or register, for any purpose, the building or the land on which the building is situated; and e Heritage New Zealand Pouhere Taonga if the building is a heritage building. 4 However, the notice is not invalid because a copy of it has not been given to any or all of the persons referred to in subsection (3) . 2004 No 72 s 133AL 133 A V Deadline for completing seismic work 1 The deadline for the completion of the required seismic work is the expiry of whichever of the following periods is applicable, as measured from the date of the first EPB notice issued for the earthquake-prone building (rather than any replacement EPB notice): a in a medium seismic zone, 12 years and 6 months for a priority building and 25 years for any other earthquake-prone building; and b in a high seismic zone, 7 years and 6 months for a priority building and 15 years for any other earthquake-prone building. 2 However,— a if clause 2 of Schedule 1AA applies to the building or the part of the building, the deadline is the deadline determined in accordance with that clause; and b if the building is an earthquake-prone building for which 1 or more extensions are granted under section 133 A X , the deadline is the expiry of the period of the extension or extensions, as measured from the date the extension or extensions are approved. 3 If a building’s deadline for completion of seismic work was automatically extended by section 133AMA or 133AMB(5) (as those sections read before the commencement of this section), the period of that automatic extension must be added to the deadline that would otherwise apply under subsection (1) or (2) . 2004 No 72 s 133AM 133 A W Owner may apply for exemption Exemptions from requirement to carry out seismic work 1 The owner of an earthquake-prone building that is subject to an EPB notice may apply to a territorial authority for an exemption from the requirement to carry out seismic work on the building. 2 An application must be in writing and must be accompanied by any fee imposed by the territorial authority under section 219 . 3 The relevant territorial authority must deal with the application promptly by doing one of the following: a if the territorial authority is satisfied that the building has the prescribed characteristics ( see section 401C(1)(b) ),— i granting the exemption and issuing an EPB exemption notice; and ii recording the details of the exemption in the EPB register and updating other information in the EPB register as necessary; or b if not so satisfied, declining the exemption and notifying the owner in writing that the exemption has not been granted. 4 An EPB exemption notice must— a identify the earthquake-prone building that is subject to an EPB notice ; and b state that the owner is exempt from the requirement to carry out seismic work on the building or part of the building ; and c give the territorial authority's reasons for granting the exemption. 5 The territorial authority may review an exemption at any time, and may revoke it if satisfied that the particular building no longer has the prescribed characteristics. 6 An exemption stays in force until the territorial authority revokes it. 7 As soon as practicable after revoking an exemption, a territorial authority must— a reissue an EPB notice under section 133 A U for the building; and b record the details of the revocation in the EPB register and update other information in the EPB register as necessary. 2004 No 72 s 133AN 133 A X Owners of certain buildings may apply for extension Extensions of time to complete seismic work 1 This section applies to a building that is earthquake-prone if the building is subject to an EPB notice that is an earthquake-prone building . 2 The owner of the building may apply to the relevant territorial authority for an extension of time to complete seismic work on the building. Extensions may be granted on application or when exemption is revoked 2 The relevant territorial authority must consider whether to grant an extension of time to complete seismic work on the building if— a the owner of the building applies to the territorial authority for an extension of time; or b the territorial authority revokes an exemption under section 133AW that applies to the building. Requirements for extension applications 3 An application referred to in subsection (2)(a) must be in writing and must be accompanied by any fee imposed by the territorial authority under section 219. Extension decisions 4 The territorial authority may, by notice in writing to the owner, extend by up to 15 years the deadline for completing seismic work that applies under section 133 A V . 4A If the territorial authority grants an extension, the owner of the building must comply with any conditions imposed by the territorial authority for the purpose of managing or reducing the risks associated with the building. 4B If the owner fails to comply with subsection (4A) , the territorial authority may revoke the extension. 4C As soon as practicable after granting or revoking an extension, a territorial authority must— a reissue an EPB notice under section 133AU for the building; and b record the grant or revocation of the extension in the EPB register and update other information in the EPB register, as necessary. Extensions must not cumulatively exceed 15 years 5 If the extension is for a period of less than 15 years, the owner may apply under this section for 1 or more further extensions, but no more than a maximum total period of 15 years in extensions under this section may be granted in respect of a particular building. 133 A Y Considerations to be taken into account territorial authority must have regard to when deciding to grant extensions to deadlines 1 In When considering whether to grant any extension under section 133 A X , and the length of any extension, the relevant territorial authority must have regard to— a the ownership structure of the building: b the applicable required remediation measure: c any steps already taken to plan for or carry out the required seismic work: d whether the building is a priority building: da the heritage status of the building (if any): e the deadline for the completion of the required remediation measure. 2 If the territorial authority grants an extension, the owner of the building must comply with any conditions imposed by the territorial authority for the purposes of managing or reducing the risks associated with the building. 3 If the owner fails to comply with subsection (2) , the territorial authority may revoke the extension. 4 As soon as practicable after granting or revoking an extension, a territorial authority must— a reissue an EPB notice under section 133U for the building; and b record the grant or revocation of the extension in the EPB register and update other information in the EPB register, as necessary. 133 A Z Applications under section 133 A X may be made after deadline expiry in some circumstances 1 The owner of a building may apply for an extension under section 133X 133AX(2)(a) if the deadline for completing the seismic work expires before the commencement of this section. 2 However, if the deadline expires on or after the commencement of this section, no application under section 133X 133AX(2)(a) for an extension may be made after the expiry of that deadline. 3 If an extension is granted in the circumstances described in subsection (1) , the period during which the seismic work must be completed runs from the date the extension is granted. 133AZAA Voluntary remediation of earthquake-prone building with no required remediation measure 1 This section applies to a building if— a the building is an earthquake-prone building that has no required remediation measure because it is a 1- or 2-storey-high unreinforced masonry building that is outside an urban centre ( see section 133AD ); and b the building undergoes facade risk mitigation; and c the relevant territorial authority is satisfied that all the building work required for that voluntary remediation measure is complete. 2 If this section applies,— a the building ceases to be an earthquake-prone building; and b the relevant territorial authority must— i notify the owner of the building that it has ceased to be an earthquake-prone building; and ii remove the details of the building from the EPB register; and iii remove, or authorise the owner to remove, any EPB warning sign that is attached on or adjacent to the building. 133 A ZA EPB notices and EPB exemption notices EPB warning signs to be attached to earthquake-prone buildings 1AA This section applies if— a a territorial authority issues an EPB notice or EPB exemption notice for an earthquake-prone building; and b one of the following applies: i the building does not have an EPB warning sign: ii the building's EPB warning sign needs to be updated to reflect the contents of the EPB notice or EPB exemption notice. 1 As soon as practicable after issuing an the EPB notice or an EPB exemption notice for an earthquake-prone building , the territorial authority must— aa issue an EPB warning sign to the owner of the building; and a attach, or require the owner of the building to attach, the notice EPB warning sign in a prominent place on or adjacent to the building; and b remove, or authorise the owner of the building to remove, any superseded EPB notice or EPB exemption notice EPB warning sign that is attached on or adjacent to the building. 2 Subsection (1) does not apply if there is no required remediation measure for the building, and the territorial authority must remove, or authorise the owner of the building to remove, any EPB notice or EPB exemption notice that is attached or adjacent to the building. 3 If an EPB notice or an EPB exemption notice EPB warning sign ceases to be attached in a prominent place on or adjacent to an earthquake-prone building, or becomes illegible,— a the owner of the building or the part of the building to which the notice EPB warning sign relates must notify the territorial authority of that fact; and b the territorial authority must issue a replacement notice EPB warning sign ; and c subsection (1) applies to the replacement notice. c subsection (1)(a) and (b) applies to the replacement EPB warning sign. 4 Subsection (3) does not apply if the removal of the notice EPB warning sign is authorised by or under this subpart. 5 An EPB warning sign issued under this section must— a be in the form specified by the chief executive; and b contain the information specified by the chief executive. 2004 No 72 s 133AP 133 A ZB Territorial authority may assess information relating to earthquake-prone building status at any time 1 This section applies if, at any time, the owner of a building that is subject to an EPB notice or an EPB exemption notice an earthquake-prone building sends to the relevant territorial authority either or both of the following — : a evidence about the earthquake-prone status of the building together with a request that the territorial authority review the building’s status ; or : b a request for a decision on whether the territorial authority to review whether a required remediation measure is required needed for the building or which required remediation measure is required should apply to the building. 2 As soon as practicable after receiving evidence about the earthquake-prone status of the building or whether a remediation measure is required for the building under this section a request referred to in subsection (1)(a) or (b) , the territorial authority must determine, in accordance with the EPB methodology ,— a whether the building is earthquake-prone; and b if the building is earthquake-prone, whether a required remediation measure should be imposed or confirmed and continued. a for a request referred to in subsection (1)(a) , determine, in accordance with the EPB methodology, whether the building is earthquake prone; and b for a request referred to in subsection (1)(b) , determine, in accordance with section 133AD and the EPB methodology,— i whether a required remediation measure should be imposed or confirmed and continued; and ii if a new remediation measure is imposed, the details of that measure; and iii if an existing remediation measure is confirmed and continued, whether any of the details of the measure should change. 3 If the territorial authority determines or is satisfied that the building is not earthquake - prone (whether because of the completion of seismic work or otherwise), the territorial authority must promptly— a notify the owner in writing of its decision; and b if the building is already subject to an EPB notice or an EPB exemption notice,— i remove the details of the building from the EPB register; and ii remove, or authorise the owner to remove, any EPB notice or , EPB exemption notice , or EPB warning sign attached on or adjacent to the building. 4 If the territorial authority identifies that the building within scope is earthquake-prone or the building is required to be treated under this subpart as determines the building is, or is required to be treated as, earthquake - prone, the territorial authority must promptly— a notify the owner in writing; and b if the building is not already subject to an EPB notice, issue an EPB notice for the building under section 133 A U ; and c if the building is already subject to an EPB notice,— i if the required remediation measure has changed or no remediation measure is required, reissue an EPB notice under section 133U for the building; and ii if the required remediation measure for the building has not changed, notify the owner in writing of that fact; and i determine whether it is necessary to reissue the EPB notice to update any of the details in the notice; and ii if it is, reissue the EPB notice under section 133AU ; and d record the details of the decision in the EPB register and update other information in the EPB register as necessary. 4A If the territorial authority makes a determination about the required remediation measure for the building, the territorial authority must promptly— a notify the owner in writing; and b if the remediation the building requires changes as a result of the determination, reissue the building’s EPB notice under section 133AU to record those changes. 5 Despite subsections (1) to (4) (4A) , a territorial authority may not, under this section, identify a building as earthquake - prone a building that if it has not previously been identified as earthquake - prone. 2004 No 72 s 133AQ 133ZC Certain buildings may not be identified as earthquake-prone 1 This section applies to a building that— a was designated as an earthquake-prone building on or after 1 July 2006; and b was subsequently determined to be no longer an earthquake-prone building (whether because of the completion of seismic work or otherwise) and was removed from the EPB register; and c has not subsequently been the subject of new information received by the territorial authority that would justify a reassessment of the building’s earthquake-prone status. 2 A territorial authority may not designate a building to which this section applies as an earthquake-prone building. Powers of territorial authorities in respect of earthquake-prone buildings 133 A ZD Territorial authority may impose safety requirements 1 If a territorial authority determines that a building in its district is earthquake-prone and requires a designates a building as an earthquake-prone building and imposes a required remediation measure, the territorial authority may do any or all of the following: 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 issue a notice that complies with subsection (2) restricting entry to the building for particular purposes or restricting entry to particular persons or groups of persons. 2 A notice issued under subsection (1)(c) — a must be in writing; and b must be fixed to the building in question; and c must be given in the form of a copy to the persons listed in section 133 A U(3) ; and d may be issued for a period of up to 30 days; and e may be reissued, but not more than once, for a further period of up to 30 days. 3 However, a notice issued under subsection (1)(c) , if fixed on the building, is not invalid because a copy of it has not been given to any or all of the persons listed in section 133 A U(3) . 4 If, in relation to a building, a territorial authority has put up a hoarding or fence under subsection (1)(a) or attached a notice under subsection (1)(b) , no person may, other than in accordance with the terms of a notice issued under subsection (1)(c) ,— a use or occupy the building; or b permit another person to use or occupy the building. 2004 No 72 s 133AR 133 A ZE Territorial authority may carry out seismic work 1 This section applies if seismic work on a building that is earthquake-prone and subject to an EPB notice an earthquake-prone building is not completed by the deadline that applies under section 133 A V, 133 A X, 133Y, or 133 A Z or is not proceeding with reasonable speed in the light of that deadline. 2 The relevant territorial authority may apply to the District Court for an order authorising the territorial authority to carry out seismic work on the building. 3 Before the territorial authority applies to the District Court under subsection (2) , the territorial authority must give the owner of the building not less than 10 days' written notice of its intention to do so. 4 If a territorial authority carries out seismic work on a building under the authority of an order made under subsection (2) ,— a the owner is liable for the costs of the work; and b the territorial authority may recover those costs from the owner; and c the amount recoverable by the territorial authority becomes a charge on the land on which the work was carried out. 5 Seismic work authorised to be done under this section may include the demolition of an earthquake-prone building. 1 2004 No 72 s 133AS 133 A ZF General alterations Alterations to earthquake-prone buildings subject to EPB notice Alterations to earthquake-prone buildings 1 This section applies instead of section 112 in relation to an application for a building consent for the alteration of a an earthquake-prone building that is subject to an EPB notice . 2 A building consent authority must not grant a building consent for the alteration of a building unless the building consent authority is satisfied that,— a after the alteration, the building will comply as nearly as reasonably practicable with the provisions of the building code that relate to— i means of escape from fire; and ii access and facilities for persons with disabilities (if this is a requirement in terms of section 118); and b after the alteration, the building will,— i if it complied with other provisions of the building code immediately before the building work began, continue to comply with those provisions; or ii if it did not comply with the other provisions of the building code immediately before the building work began, continue to comply at least to the same extent as it did then comply; and c in the case of a substantial alteration, the alteration includes the necessary seismic work. 2A Subsection (2) is subject to subsections (3) and (3A) . Alterations that include necessary seismic work and other building work 3 Despite subsection (2)(a) , If the proposed alteration includes the necessary seismic work and other building work, the relevant territorial authority— a may, by written notice to the owner of the building, notify the owner of the specified specify 1 or more of the provisions of the building code relating to means of escape from fire and access and facilities for persons with disabilities (if this is a requirement in terms of section 118) referred to in subsection (2)(a) and allow the alteration of the building without the building complying with those the specified provisions if the territorial authority is satisfied that , — i the alteration includes the necessary seismic work; and ii if the building were required to comply with the specified provisions, it would be unduly onerous for the owner in the circumstances; and iii the permitted non-compliance with the specified provisions is no more than is reasonably necessary in the light of the objective of ensuring that the building complies with any required remediation measure; and iv after the alteration, the building will continue to comply with the specified provisions, and other provisions of the building code, to at least the same extent as it complied with those provisions immediately before the building work began; and b when making the decisions required by paragraph (a)(ii) and (iii) , must take into account the matters (if any) prescribed under section 401C(1)(d) . Alterations that only include necessary seismic work 3A If the proposed alteration includes only the necessary seismic work for the building, the relevant territorial authority may allow the alteration of the building if the territorial authority is satisfied that, after the alteration, the building will continue to comply with the provisions of the building code referred to in subsection (2)(a) and (b) to at least the same extent as it complied with those provisions immediately before the building work began. 3B When deciding whether to allow a proposed alteration under subsection (3A) , a territorial authority— a must— i have regard to the provisions of the building code referred to in subsection (2)(a) ; and ii draw those provisions to the attention of the owner; but b must not refuse to allow the alteration on the basis of non-compliance with the building code provisions referred to in subsection (2)(a) if the territorial authority is satisfied that the building will continue to comply with those provisions to the extent required by subsection (3A) . 4 In this section, substantial alteration means an alteration that the territorial building consent authority is satisfied meets the criteria prescribed in regulations made under section 401C(1)(c). 2004 No 72 s 133AT 133ZG Seismic work alteration to buildings subject to EPB notice 1 This section applies instead of section 112 or 133ZF in relation to an application for a building consent for the alteration of a building that is subject to an EPB notice if, and only if, the alteration proposed in the application for the building consent is only in relation to the necessary seismic work for the building that is subject to an EPB notice. 2 The relevant territorial authority— a must, by written notice to the owner of the building, notify the owner of the provisions of the building code relating to means of escape from fire and access and facilities for persons with disabilities but must allow the alteration of the building without the building complying with those provisions if the territorial authority is satisfied that— i the alteration includes only the necessary seismic work; and ii after the alteration, the building will,— A if it complied with the other provisions of the building code immediately before the building work began, continue to comply with those provisions; or B if it did not comply with the other provisions of the building code immediately before the building work began, continue to comply at least to the same extent as it did then comply: b must consider the provisions of the building code relating to means of escape from fire and facilities for persons with disabilities, and draw them to the attention of the owner, but must not require the owner to comply with them. Offences 133 A ZH Offences in relation to earthquake-prone buildings Failure to complete seismic work 1 The owner of an earthquake-prone building that is subject to an EPB notice who fails to complete seismic work on the building by the deadline that applies under section 133 A V, 133 A X, 133Y, or 133 A Z — a commits an offence; and b is liable on conviction,— i in the case of an individual, to a fine not exceeding $300,000: ii in the case of a body corporate, to a fine not exceeding $1,500,000. Failures relating to EPB notices or EPB exemption notices warning signs 2 A person commits an offence if— a a territorial authority requires the person to attach an EPB notice or an EPB exemption notice warning sign on or adjacent to a building under section 133 A ZA ; and b the person— i fails to attach the notice sign in accordance with that section; or ii attaches the notice sign otherwise than in accordance with that section. 3 A person commits an offence if— a the person is required under section 133 A ZA(3)(a) to notify the territorial authority when an EPB notice or an EPB exemption notice warning sign ceases to be attached on or adjacent to a building or becomes illegible; and b the person fails to notify the territorial authority in accordance with that section. 4 A person who commits an offence under subsection (2) or (3) is liable on conviction,— a in the case of an individual, to a fine not exceeding $50,000: b in the case of a body corporate, to a fine not exceeding $150,000. Failure to comply with safety requirements 5 A person who fails to comply with section 133 A ZD(4) commits an offence and is liable on conviction— a to a fine not exceeding $200,000; and b in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence continues. 2004 No 72 s 133AU Methodology for identifying earthquake-prone buildings (EPB methodology) 133 A ZI Chief executive must set methodology for identifying earthquake-prone buildings (EPB methodology) and appropriate required remediation measure 1 The chief executive must set a methodology for identifying earthquake-prone buildings (the EPB methodology ) that specifies how territorial authorities are to— a identify the buildings within scope or the buildings that should be treated as potentially earthquake - prone; and b identify whether a building within scope or a potentially earthquake-prone building is earthquake - prone and, if it is, any required remediation measure; and c identify the types of buildings that can or cannot be designated as earthquake-prone buildings; and d identify building features or characteristics to be used to identify earthquake-prone buildings. 2 The methodology— a may specify buildings within scope or classes of buildings within scope that are earthquake - prone; and b may specify a method of identifying buildings within scope or classes of buildings within scope that are, or are potentially, earthquake-prone buildings; and c must specify the requirements for an engineering evaluation of a building within scope or a building that is, or is potentially, earthquake - prone; and d must specify how a territorial authority may use engineering or other tests completed before the commencement of this section to determine whether a building within scope is , earthquake-prone or is potentially , earthquake - prone; and e may specify technical information to enable territorial authorities to identify the particular requirements of the appropriate remediation measure for an earthquake-prone building or a priority building ; and f may specify how a required remediation measure can be met. 3 The chief executive must set the methodology no later than 6 months after the commencement of this section. 4 The methodology may incorporate material by reference in accordance with sections 405 to 413 . 5 The chief executive may amend or replace the methodology at any time. 6 If the chief executive amends or replaces the methodology, section 133 A ZJ applies in respect of the amendment or replacement with any necessary modifications. 7 As soon as practicable after the chief executive has set the EPB methodology, the chief executive must notify territorial authorities that the methodology has been set. 8 An instrument setting the EPB methodology under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 2004 No 72 s 133AV 133 A ZJ Consultation requirements for setting EPB methodology 1 Before setting the EPB methodology, the chief executive must do everything reasonably practicable on their part to consult territorial authorities and any other persons or organisations that appear to the chief executive to be representative of the interests of persons likely to be substantially affected by the setting of the methodology. 2 The process for consultation should, to the extent practicable in the circumstances, include— a giving adequate and appropriate notice of the intention to set the methodology; and b giving a reasonable opportunity for territorial authorities and other interested persons to make submissions; and c giving adequate and appropriate consideration to submissions. 3 A failure to comply with this section does not affect the validity of the methodology. 2004 No 72 s 133AW 8 Section 133A renumbered and amended (Dams to which subpart 7 provisions apply) Renumber section 133A as section 133ZK. In section 133A(1), replace 133B with 133ZL . 8 Section 222 amended (Inspections by territorial authority) In section 222(1)(b)(iii), replace or a part of the building is earthquake prone or potentially earthquake prone with is a building within scope, earthquake prone, or potentially earthquake prone, . 9 Section 133B renumbered (Measurement of dams) Renumber section 133B as section 133ZL. 9 Section 274 amended (Purpose of registers) In section 274(a)(iab), replace buildings or parts of buildings that territorial authorities have determined to be earthquake prone with earthquake-prone buildings . 10 Section 275A amended (Content of EPB register) In section 275A(1), delete or part of a building . In section 275A(1), replace building or part of a building that a territorial authority determines is earthquake prone with earthquake-prone building . In section 275A(1)(a), replace that made the decision with whose district the building is in . In section 275A(1)(b), delete or the part of the building determined to be earthquake prone . In section 275A(1)(d), delete or part . After section 275A(1)(d), insert: da the basis on which the building is a building within scope (for example, whether it is an unreinforced masonry building): Replace section 275A(1)(e) with: e whether there is a required remediation measure for the building, and, if so, what it is: In section 275A(1)(f), replace section 133AM, 133AMA, 133AMB, or 133AMC with section 133 A V or 133 A X . In section 275A(1)(f), replace section 133AN with section 133 A W . In section 275A(1)(g), replace section 133AN with section 133 A W . In section 275A(1)(h), replace section 133AO with section 133 A X . In section 275A(1)(h), replace section 133AO(5)(b) with section 133Y(2) 133AX(4A) . Repeal section 275A(2). Replace section 275A(2) with: 2 If the territorial authority is proceeding under section 133AO(4) as if it had determined the building to be earthquake prone and designated it as an earthquake-prone building, the register must contain a statement to the effect that the territorial authority has not determined whether the building is earthquake prone, but is proceeding as if it were an earthquake-prone building because the owner has not provided an engineering assessment or evidence or information (as applicable). 10A Section 381 amended (District Court may grant injunctions for certain continuing breaches) In section 381(1)(ba), delete or a part of a building . 11 Section 401C amended (Regulations: earthquake-prone buildings) In section 401C(1)(a), replace section 133AL with section 133 A U . Repeal section 401C(1)(a)(i). In section 401C(1)(a)(ii), delete or parts of buildings in each earthquake ratings category . Repeal section 401C(1)(a)(ii). In section 401(C)(1)(a)(iii), delete or a part of a building . Replace 401C(1)(b) with: b prescribe the age, construction type, use, level of occupancy, location in relation to other buildings or building types, and any other characteristics that a building must have for a territorial authority to grant an exemption under section 133 A W from the requirement to carry out seismic work on the building: In section 401C(1)(c), replace purpose of section 133AT(2)(c) with purposes of section 133 A ZF(4) . Replace 401C(1)(d) with: d prescribe the matters that a territorial authority must take into account when making the evaluations required by section 133ZF(3)(b) 133AZF(3)(a)(ii) and (iii) (for the purpose of deciding whether to allow the alteration of a building that is subject to an EPB notice an earthquake-prone building without complying with specified provisions of the building code): 12 Schedule 1AA amended In Schedule 1AA,— a insert the Part set out in Schedule 1 of this Act as the last Part; and b make all necessary consequential amendments. 13 New Schedule 2A inserted After Schedule 2, insert the Schedule 2A set out in Schedule 2 of this Act. 14 Principal regulations Section 15 amends the Building (Dam Safety) Regulations 2022. 15 Regulation 6 amended (Height of dam) In regulation 6, replace section 133B with section 133ZL . 16 Principal regulations Section 17 amends the Building (Infringement Offences, Fees, and Forms) Regulations 2007. 17 Schedule 1 amended In Schedule 1, item relating to s 133AU(1), replace s 133AU(1) with s 133 A ZH(1) . In Schedule 1, item relating to s 133AU(2), replace s 133AU(2) with s 133 A ZH(2) . In Schedule 1, item relating to s 133AU(2) of the Building Act 2004, delete or EPB exemption notice . In Schedule 1, item relating to s 133AU(2), replace EPB notice or EPB exemption notice with EPB warning sign . In Schedule 1, item relating to s 133AU(3), replace s 133AU(3) with s 133 A ZH(3) . In Schedule 1, item relating to s 133AU(3), replace EPB notice or EPB exemption notice with EPB warning sign . In Schedule 1, item relating to s 133AU(5), replace s 133AU (4) (5) with s 133 A ZH(5) . 18 Principal regulations Sections 19 18A to 24 amend the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005. 18A Regulation 5 amended (Change the use: what it means) In regulation 5, after sections 114 , insert , 114A , . 19 Regulation 7 revoked (Moderate earthquake and ultimate capacity defined) Revoke regulation 7. 20 Regulation 8 revoked (Categories of earthquake ratings) Revoke regulation 8. 21 Regulation 9 amended (Form of EPB Notice) Replace regulation 9(2) with: 2 For each earthquake-prone building, the notice must be in the form of Schedule 3 (black text on white) and be international standard size A4. 21 Regulation 9 revoked (Forms of EPB notice) Revoke regulation 9. 22 Regulation 10 amended (Exemption from requirement to carry out seismic work: required building characteristics) In regulation 10(1), delete or a part of a building . In regulation 10(1), replace section 133AN with section 133 A W . In regulation 10(1), delete or part . In regulation 10(2), delete or the part of the building . In regulation 10(2), delete or part in each place. In regulation 10(2)(e)(ii), delete or part’s . In regulation 10(3), definition of strategic transport routes , replace section 133AE(1)(f) with section 133 A G(3)(b) . 23 Regulation 11 amended (Alteration of building: what amounts to substantial alteration) In regulation 11(1), replace section 133AT(2)(c) with section 133 A ZF(4) . In regulation 11(1), delete or a part of a building . In regulation 11(3), definition of current application , replace section 133AT(1) with section 133 A ZF(1) . 24 Schedule 3 replaced Replace Schedule 3 with the Schedule 3 set out in Schedule 3 of this Act. 24 Schedule 3 revoked Revoke Schedule 3. 1 New Part 6 inserted into Schedule 1AA 6 Provisions relating to Building (Earthquake-prone Buildings) Amendment Act 2025 18 Interpretation In this Part, unless the context otherwise requires,— 2025 amendment Act means the Building (Earthquake-prone Buildings) Amendment Act 2025 commencement date means 1 July 2027 . 19 Pending applications at commencement date 1 If any application is made under subpart 6A of Part 2 of this Act before the commencement date but has not been determined before that date, it must be determined under the corresponding provision or provisions of subpart 6A (as replaced by section 7 of the 2025 amendment Act). 2 Without limiting subclause (1) ,— a an application for an exemption made under section 133AN before the commencement date but not determined before the commencement date must be determined under section 133 A W ; and b an application for an extension to a deadline made under section 133AO before the commencement date but not determined before the commencement date must be determined under section 133 A X . 20 Deadlines for previous low seismic risk zones Existing deadlines for seismic work in new medium seismic zone unaffected 1 This clause applies to any area that at any time on or after 1 July 2017 but before the day after Royal assent of the 2025 amendment Act was in a low seismic risk zone but on and after that day is in a medium seismic zone (the new medium seismic zone ) . 2 The deadlines and applicable time frame for identifying potentially earthquake-prone buildings or completing seismic work in an area to which this clause applies are those that applied under subpart 6A of Part 2 (as it read when inserted by the Building (Earthquake-prone Buildings) Amendment Act 2016) for buildings in an area of low seismic risk, even though the area is now in a medium seismic zone. 2 If a building in the new medium seismic zone was an earthquake-prone building immediately before the commencement date, section 133AV(1)(a) applies to the building as if the specified deadline for completion of required seismic work were 35 years (instead of 25 years). 21 Exemptions and extensions granted before 1 July 2027 commencement date If, before 1 July 2027 the commencement date , an exemption was granted under section 133AN (as it then read) or an extension to a deadline was granted under section 133AO (as it then read),— a the exemption, if it has not been revoked, is deemed to have been granted under section 133 A W : b the extension, if it has not expired, is deemed to have been granted under section 133 A X , but only for the period for which it was granted under section 133AO. 22 Work already completed by territorial authorities under section 133AG need not be repeated If a territorial authority has carried out any of its obligations under section 133AG (as it read before 1 July 2027 the commencement date ), the territorial authority— a is not required to carry out the same obligations again under section 133 A H ; but b must carry out any obligations it has not completed under section 133AG before 1 July 2027 the commencement date , to the extent that it is required to do so by section 133 A H , and must carry out obligations (whether of a continuing nature or otherwise) arising on or after 1 July 2027 the commencement date under section 133 A H . 23 Building owners may elect to complete existing seismic improvements 1 This clause applies if an EPB notice was issued in respect of a building before 1 July 2027 the commencement date and work has commenced on completing the required seismic work before that date. 2 The owner may elect to— a seek an assessment of the building under section 133 A ZB ; or b complete the work required under the existing EPB notice. 3 If the building owner completes the work required under the EPB notice, the building must be treated for all legal purposes as no longer earthquake-prone ceases to be an earthquake-prone building and must be treated as if the work completed were the seismic work required to comply with the building’s required remediation measure . 24 Regulations providing for transitional matters 1 The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations— a providing transitional and savings provisions concerning the coming into force of the 2025 amendment Act that may be in addition to, or in place of, the transitional and savings provisions in this Part: b providing that, subject to any conditions that may be specified in the regulations, during a specified transitional period,— i specified provisions of this Act (including definitions) do not apply: ii specified terms have the meanings given to them by the regulations: iii specified provisions repealed, amended, or revoked by the 2025 amendment Act continue to apply: c providing for any other matters necessary for facilitating or ensuring an orderly transition from the provisions of any enactments replaced by the 2025 amendment Act. 2 No regulations made under this clause may be made, or continue in force, later than 2 years after the date of commencement of this clause. 3 Regulations made under this clause are secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 2 New Schedule 2A inserted 2A s 133E Map of low seismic zones, medium seismic zones, and high seismic zones in New Zealand 2A s 133AE Map of low seismic zones, medium seismic zones, and high seismic zones in New Zealand 2A Map of low seismic zones, medium seismic zones, and high seismic zones in New Zealand 2A Map of low seismic zones, medium seismic zones, and high seismic zones in New Zealand 3 Schedule 3 of Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005 replaced 3 r 9(2) Form EPB notice Section 133U , Building Act 2004 Earthquake-prone building Notice under section 133U of the Building Act 2004 †[ Name of territorial authority ] has previously issued a written notice under section 124(2)(c)(i) of the Building Act 2004 .   †Delete if inapplicable. This notice is for the building situated at [ address ], [ legal description of land where building is located ]. Select the statement that applies. *The building has been determined by [ name of territorial authority ] as earthquake-prone. or *[ Name of territorial authority ] has not determined if the building is earthquake-prone (because the owner of the building has not provided an engineering evaluation of information or evidence, as the case requires), but is proceeding as if it had evaluated the building as earthquake-prone.   *Select one. Select the statement that applies. *The building is a priority building (as defined in section 133F of the Building Act 2004). or *The building is not a priority building (as defined in section 133F of the Building Act 2004).   *Select one. The owner of the building is required to carry out building work to ensure that the building is no longer earthquake-prone ( seismic work ). The owner is required to complete seismic work by [ date ]. The owner may apply to [ name of territorial authority ], under section 133W of the Building Act 2004, for an exemption from the requirement to carry out seismic work. The building must have certain characteristics to be granted an exemption. Omit the following statement if inapplicable. The owner may apply to [ name of territorial authority ], under section 133X of the Building Act 2004, for an extension of time to complete seismic work. In the event that [ name of territorial authority ] determines or is satisfied, in accordance with section 133T or 133ZB of the Building Act 2004, that the building is not earthquake-prone, or that there is no required remediation measure, the owner is not required to complete seismic work. Signature: Position: On behalf of: [ name of territorial authority ] Date: 3 Form