Earthquake-prone building act now law

New law extends remediation timeline and runs alongside wider seismic risk review

The Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act came into effect on 26 November 2024 and provides an extension to the remediation deadlines for earthquake-prone buildings by up to four years – except for buildings with notices that expire on or before 1 April 2024. It also introduces the power to re-extend remediation deadlines by up to two years, if required. However, it must be used by 2 April 2028 and will apply to buildings that received the four-year extension and any earthquake-prone buildings subsequently identified.

The Amendment Act also strengthens the building warrant of fitness scheme.

“It will introduce an associated offence, and also increase infringement fees, for building owners who fail to supply or to display a building warrant of fitness as required,” said the Ministry of Building, Innovation and Employment (MBIE).

Review being carried out

Despite the Amendment Act becoming law, the Government is still carrying out an extensive review of seimisic risk management. A consultation on how effective the current system is for managing seismic risk is open. It can be accessed by clicking here.

The consultation is one part of the review of the earthquake building settings, said Building and Construction Minister Chris Penk.

“The Government is progressing an extensive review […] and has appointed an independent chair and advisory group to provide expert advice.”

Cost vs risk is front of mind

Penk said the extension was crucial as “it does not make sense to require building owners to comply with standards that, once the review is complete, will likely change”.

At a high level, the review will consider how to mitigate earthquake risk, while balancing society’s willingness to pay; recommend regulatory responses that balance cost with life safety risk; identify barriers to meeting regulatory requirements; and consider how seismic risk requirements align with broader Government objectives.

According to MBIE, the review of seismic risk will last until mid-2025, before the final Government decision for legislation changes can be made in 2026.