Dangerous and Insanitary Buildings Policy Review

Closes 12 Jun 2023

Opened 15 May 2023

Overview

Hamilton City Council (Council) has reviewed its Dangerous and Insanitary Buildings Policy and is recommending minor changes to the policy.  We want your feedback on the proposed changes. 

Why are we doing this?

The policy was first adopted in 2018 in consultation with the community and sets out the approach we will take to identify and deal with dangerous and insanitary buildings. The policy is focused on ensuring people can live and work in buildings without compromising their health or safety. 

Council is required to review the existing policy, in response to any issues that arise, a result of legislation changes or within five years, whichever comes first. The policy is approaching its five-year review, and this provides us with an opportunity to check in with our community and consider feedback on the policy. 

What do I need to know?

Council is required by legislation to create and maintain a policy on dangerous and insanitary buildings. The policy is focused on ensuring people can live and work in buildings without compromising their health or safety.  

Council is responsible for managing the policy through the Building Act 2004 and will apply it to any building where the current conditions mean the building could be dangerous, affected or insanitary. Buildings must meet the definitions outlined in the Building Act to be considered dangerous, affected or insanitary and Council will work with building owners on any reasonably practicable options available to them. 

Heritage buildings are covered by the policy and will be assessed in the same way as other dangerous, affected and insanitary buildings.  The policy recognises the importance of Hamilton’s heritage buildings and will protect the heritage value of these buildings wherever possible, without compromising public health and safety. We keep a record of all dangerous and insanitary buildings on the property file which building owners can access. 

Reasons for the proposal

We’ve reviewed the Dangerous and Insanitary Buildings Policy and are recommending minor changes.  

The key reasons for the proposed changes are: 

  • updating the policy to the latest Council policy template
  • noting the policy applies to dangerous, affected and insanitary buildings 
  • updating the role responsible for monitoring and maintaining the policy.  

Why are we proposing only minor changes? 

There have been no changes to legislation since the policy was first adopted that alters what requirements the policy needs to address. Therefore, there is no need to make any changes to how Council applies the policy when assessing dangerous, affected or insanitary buildings. 

Frequently asked questions

Council is required by legislation to create and maintain a policy on dangerous and insanitary buildings. The policy is focused on ensuring people can live and work in buildings without compromising their health or safety.  
 

The policy applies to any building where the conditions mean the building could be dangerous or insanitary.

Hamilton City Council as the Territorial Authority is responsible for managing the policy through the Building Act.

We will undertake an assessment of the concerned building and it must meet the definitions outlined in the Building Act to be considered dangerous or insanitary.

Yes, heritage buildings will be assessed in the same way as other buildings. The policy recognises the importance of Hamilton's heritage buildings and will protect the value of these buildings wherever possible, without compromising public health and safety.

Yes, Council keeps a record of all dangerous and insanitary buildings on the property file which building owners are able to access.

Council will respond to building complaints received from the public, Fire and Emergency New Zealand, or any person or organisation that has a health and safety interest in a particular building. Council will investigate and assess the condition of the building in accordance with the Building Act. A subject matter expert may be required to assist with determining the best course of action.

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