We’re updating our Dangerous, Affected, and Insanitary Buildings Policy to replace our existing policy. The new policy includes a few proposed changes.
This policy helps us ensure that buildings don’t endanger people
Our Dangerous, Affected, and Insanitary Buildings Policy enables a local response to identify and remedy buildings that fit the Building Act 2004 definition of dangerous, affected, and/or insanitary.
This policy ensures that buildings do not endanger the health, safety and wellbeing of the people who use them. This policy does not cover buildings which are simply unused or unkempt. We can legally only act to remedy parts of buildings which meet the definition for dangerous, affected or insanitary under the policy.
For definitions of dangerous, affected, or unsanitary buildings, please read the Statement of Proposal.
The intent of our proposed policy remains the same, but we’re proposing some improvements to:
- better align with current legislative requirements
- improve transparency and consistency on the process we use to identify buildings and the actions we’ll take
- update the policy structure to better reflect our strategic direction.
Proposed changes we’re considering
Guidelines on ‘affected’ buildings and the name of the draft policy have been changed to include ‘affected’ buildings. The Building Act 2004 was amended to include affected buildings and required local authorities to amend existing policies to take account of this. This means that for any building that is near to the building determined ‘dangerous’ or to a ‘dangerous dam’, Council can determine whether it fits the definition of affected and seek to mitigate any risk if it is.
The draft policy includes assessment criteria that we may consider when deciding whether an identified building fits the definition in the Building Act 2004 of dangerous, affected, or insanitary.
Our intention to keep a register of the status of dangerous, affected, and/or insanitary buildings in the city. The new provision will also give us the ability to consider whether to list the information for public use on the Land Information Memorandum and/or Property Information Memorandum.
Were also proposing updates to:
- the structure of the policy, including the strategic content, purpose, objectives, and principles
- the process we follow when deciding on the action we will take to remedy any concerns.
Assessment criteria for ‘dangerous, affected, or insanitary’ buildings
Assessment criteria we may consider when deciding whether an identified building fits the definition in the of ‘dangerous, affected, or insanitary’ include:
- whether the building is occupied
- the building use
- whether the building is likely to cause injury or death to people
- whether conditions present a danger to the health of occupants
- potential for damage to other property
- whether a fire hazard exists
- whether the building is affected by a dangerous building or dangerous dam.
Where a building is occupied, an assessment of insanitary conditions may include a review of:
- the adequacy of sanitary facilities
- the adequacy of potable water
- evidence or likelihood of moisture penetration
- if the building is offensive or likely to be injurious to health because of how it is situated or constructed or whether or not it is in a state of disrepair.
Statement of Proposal: Draft Dangerous, Affected and Insanitary Buildings Policy(PDF, 440KB)
Next steps
Consultation closed at 4pm on Monday 7 October.
We expect to hold hearings in November 2024 at Council’s Strategy and Finance Committee. We’ll write to all submitters and update this page once a date is confirmed.
Elected members will then meet in February 2025 to consider all submissions. We expect to adopt the final Dangerous, Affected, and Insanitary Buildings Policy later that month.