Shaking up the rules for earthquake-prone buildings

New Zealand is set to transform its approach to earthquake-prone buildings (EPBs), with the Government announcing a major overhaul to make the EPB system more risk-based, proportionate, and workable for both building owners and local councils.  The changes could see thousands of buildings removed from the system, especially in Auckland, Northland and the Chatham Islands.

Farewell to the old NBS%

Currently, the New Building Standard (NBS) is used to assess whether a building is earthquake-prone.  NBS compares the expected seismic performance of an existing building with that of a new building designed to meet the current Building Code, expressed as a percentage.  Buildings assessed at less than 34% must be either strengthened or demolished within a specific timeframe, depending on their seismic risk area (low, medium or high).

Under the new system, NBS will no longer be used.  Instead, buildings will be classified by building type and risk.  Unreinforced masonry buildings with unsecured façades facing public areas or above neighbouring properties will automatically be deemed EPBs due to their risk profile.  Concrete buildings of three storeys or more will be assessed using a new targeted retrofit methodology focussed on critical vulnerability that can lead to collapse.

Seismic zones get a shake-up

Seismic zones will also be updated.  Buildings in low seismic zones (eg Auckland, Northland and the Chatham Islands) will have their EPB status removed, and no further EPB assessment will be required in those areas.  In contrast, Coastal Otago, including Dunedin, will shift from a low to medium seismic zone, meaning more EPBs may be identified in that region.

More flexibility for remediation

Remediation requirements will depend on building type and location, rather than requiring all EPBs to be strengthened to at least 34% NBS.  For example, concrete buildings with three or more storeys will need a targeted retrofit that addresses specific vulnerabilities with the highest life safety risk, such as façades, exterior walls, and parapets.  Unreinforced masonry buildings with three or more storeys will require a full retrofit if located in an urban centre, but only façade securing if located in a rural area or small town.

Building consent applications solely for seismic remediation to EPBs will no longer require concurrent compliance with Building Code provisions for fire and disability access, depending on extent of proposed works involved.

Owners of EPBs with a “risk register only” requirement will not be required to display an EPB notice, and their EPB status may be removed if they carry out at least façade securing.  Importantly, local councils will have the authority to grant extensions of up to 15 years to complete seismic work (provided key criteria can be meet).

These changes are designed to give owners more flexibility and cost-effective options, easing financial pressure and making compliance more achievable.  This would reduce the financial impact on council-owned buildings, potentially making it easier for councils to pursue redevelopment and reuse options.

Changes to “priority buildings”

Currently, “priority buildings” must be identified and remediated twice as quickly as other EPBs in the same seismic risk zone.  The new changes will narrow the definition of “priority buildings” to focus only on buildings that could endanger busy footpaths, roads, or emergency routes due to falling masonry or collapse.  Hospitals and fire stations will no longer have priority status, and their remediation deadlines will be extended to give agencies more time to plan upgrades.

A lighter load for building owners and local councils

Overall, these changes are expected to remove about 55% of EPBs (approximately 2,900 buildings) from the system.  In addition, around 1,440 buildings will require more cost-effective remediation, and about 840 buildings will not need any remedial work at all.

The reduced number of EPBs will bring benefits for local councils.  In particular, it will ease the financial and administrative burden associated with issuing notices, enforcing compliance and tracking remediation progress (especially in low seismic zones like Auckland, Northland and Chatham Islands, where many buildings will be removed from the system entirely).  As a result, councils will be better positioned to redirect its resources away from costly enforcement and compliance tracking toward other priorities.

These reforms will be implemented through the Building (Earthquake-prone Building System Reform) Amendment Bill, which the Government plans to introduce shortly.  We will provide further updates once the Bill is introduced, and the details of the new framework become clearer.

If you would like to discuss what these changes could mean for you, please get in touch with our Civil Team, we’re here to help.

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