FAQs

Councils’ current Dangerous Building Policy and Insanitary Buildings Policy have come up for their 5 yearly review under the Building Act 2004. We have decided to combine the two policies into one, so it is more convenient for users and the general public. 

The policy outlines Council’s responsibilities when responding to complaints regarding dangerous, affected and/ or insanitary buildings in our district. It aims to reduce the risk of injury, death, ill health or damage within Invercargill and Bluff by identifying and managing dangerous, affected and insanitary buildings that may pose a risk to the public.  The new policy does not outline a significant change in approach; instead it aims to more clearly and comprehensively outline what building owners and the community can expect from Council.

This policy applied to both commercial and residential properties within Invercargill City District

A Dangerous building is a building in the ordinary course of events (excluding the occurrence of an earthquake), which is likely to cause:

1. injury or death (whether by collapse or otherwise) to any persons in it or to persons on other property; or
2. damage to other property; or
3. in the event of fire, injury or death to any persons in the building or to persons on other property is likely.

Affected buildings are buildings that are adjacent to, adjoining or nearby dangerous buildings

An affected building can only be identified once a building(s) that is adjacent to, adjoining or nearby that building is determined as being dangerous.

An Insanitary building: 

1. is offensive or likely to be injurious to health to people because:

• of how it is situated or constructed; or
• it is in a state of disrepair; or

2. has insufficient or defective provisions against moisture penetration so as to cause dampness in the building or any adjoining building; or
3. does not have a supply of potable water that is adequate for its intended use; or

does not have sanitary facilities that are adequate for its intended use

The major pathway way by which Council is made aware of dangerous, affected and/ or insanitary buildings is through complaints made by the building occupant, nearby neighbours, or advice received from New Zealand police, Fire and Emergency New Zealand or other agencies authorised to inspect buildings. 

When Council receives this information, Council will exercise its obligations under the Building Act 2004 to investigate.  

When a building is determined as being dangerous, affected, and/ or insanitary, Councils first responsibility is keeping members of our community safe. 

Council will perform its responsibilities under section 124 of the Act. This may include but is not limited to: 

1. issuing a written notice notifying the work required to be carried out on the building to reduce or remove the danger or to prevent the building from remaining insanitary, 
2. putting up a hoarding or a fence to prevent people from approaching the building, 
3. attaching a notice that warns people not to approach the building, 
4. placing a notice on the determined building that prevents people from using it, and
5. restricting entry to the building for particular purposes or particular persons or groups of persons.    

If building owners, occupants or other members of the public fail to comply with the requirements of a notice within the stated time period, this can lead to an infringement notice being served or prosecution.

If Council take action to remove danger or to fix the insanitary conditions of a building and immediate danger to affected buildings under sections 126 and 129 of the Act, the building owner is liable for the cost of the work, and Council may recover it from the owner and the amount recoverable by Council becomes a charge on the land on which the work has been carried out. 

It is to be noted that Council recognises that in some circumstances the economic impact of this policy may cause individual hardship for building owner(s) whose buildings have been identified as being dangerous and/ or affected. Council will convey its duty under the Act through implementation of this policy in a fair and reasonable manner with the intent of improving health and safety of people who use or are affected by buildings.

When Council is assessing a building that is listed in the New Zealand Heritage List / Rärangi Kōrero, Council will seek advice from Heritage New Zealand Pouhere Taonga where practicable. 

If a heritage building is identified as being dangerous, affected and/ or insanitary, Heritage New Zealand Pouhere Taonga will be notified before Council exercises its powers under the Building Act 2004. 

In such cases, Council may consider necessary changes to its process as appropriate when responding to dangerous, affected and/ or insanitary bindings as appropriate.

Council follows a separate process when addressing earthquake-prone buildings.   Further information on this is available on request.

You can log a request for service via our customer services team, you can do this:

• In person at Te Hīnaki – Council Administration Building or Bluff Service Centres, 
• Via phone by calling (03) 21 11777
• Online at My Invercargill (icc.govt.nz)

On this matter, Council are bound by sections of the Buildings Act 2004, the Health Act 1956 and the Resource Management Act 1991 (RMA). These sections are noted throughout the document.

Council is its required to review this policy every 5 years under the Building Act 2004.

You make you submission on the draft policy through letstalk.govt.nz and you can drop in your submissions at the Te Hīnaki Civic Administration Building, the Invercargill Public Library and the Bluff Service Centre.  

Hearings and deliberations for this policy will be held on 15 August 2024 which is an opportunity if you would like to speak to Councillors in support of your submission.