People buying or building on these properties may find a section 72 notice on their title. This can have an effect on your insurance and your building plans.
We strongly recommend that you discuss your proposals with us before applying for building consent. You can contact a duty building officer on 03 543-8400.
We also strongly recommend you contact your solicitor, insurance company or the EQC if you are purchasing a property that may be subject to natural hazards, or you are planning on doing any alterations or additions in the future.
Section 72 is part of the Building Act 2004. A Section 72 endorsement on a Record of Title means building or renovations are allowed on a property subject to a natural hazard, but that insurance may be declined or only partially met for damage by that hazard.
For example, if a property is prone to flooding, any building work under a section 72 notice may not be covered if there is a flood.
If you are buying the property, request a Land Information Memorandum. It will list all the natural hazards the Council knows about on your property.
Another alternative is a Project Information Memorandum. This is a report relating to a specific project on a property. You can apply for a PIM any time, but it's usually related to a building consent.
If you already own the property, you can check your Record of Title.
Yes. However we must also make sure the work doesn’t create a natural hazard or make a natural hazard worse.
A consent can be issued if adequate provision has or will be made to protect land from natural hazard damage.
We strongly recommend that you discuss your proposals with us before applying for building consent.
The Building Act 2004 identifies natural hazards as: