A sample letter to the Building Consent Authority

MBIE has worked with two project Management Offices (Insurance Companies) and have recommended the following.

“Maximise use of Schedule 1 exemptions”  As can be seen on page 4 in this document.

We disagree that the insurance companies are allowed to advise our regulatory authority.

Their main interest after the damage has occurred will always be to reduce cost. This can allow cutting corners in the building process, cause unsustainable practices and transfers undesirable  liability onto the homeowner.

This is a sample letter that people can use to ensure risk and liability is not transferred onto them without their knowledge. This letter does not stop or hinder anything. It just makes sure you are kept informed. Following this notification you are in a position to negotiate and decide if you accept this risk or not. This is not legal advice. Feel free to copy, share and modify to suit your own circumstances.

Click here to use our online letter template 

 

Christchurch, Date: ____________

 

Attn: Christchurch Building Consent Authority.

 

Notification of restrictions to the building consent requirements for my property located at

________________________ .

As the owner of this property, which is subject to reinstatement under an insurance contract, I hereby make the following declaration:

If a consent application has been submitted for my property, please withdraw it immediately and notify the applicant of the following restrictions.

The reinstatement should be conducted by a third party without any significant involvement by myself, since I am not a qualified builder, will not oversee the project, and am in no way qualified to determine if my reinstatement will meet the Building Code requirements. If my area has suffered from lateral spreading, liquefaction or settlement, I expect the current legal boundaries to be established and a full survey carried out before any work commences.

As a ratepayer, I choose to use the services of the Building Consent Authority to ensure that the building is up to standard and that the intended life of the building is 50 years or more.

I expressly decline to permit any third party the use of exemptions from a building consent under section 14c of the Building Act without my prior written

Likewise, I refuse any variations on the building consent without my prior written approval.

I also decline to permit any third party the use of existing use rights under the Resource Management Act if this would result in any risk or liability or obligations being transferred to me as the owner of the building, or if this would result in any way in non-compliance with the current district plan. Otherwise, I would require an existing use rights certificate to be issued.

I request a full building consent, including all producer statements signed by certified, qualified personnel and full inspection records. At the conclusion of the building work, I will require a signed Code of Compliance Certificate, PIM, a clean LIM report and a building location certificate if required.

Please confirm acceptance of this notification.

Name and address of owner:

Contact phone:

Property address:

Insurance company:

Claims handler:

Claims handler email:

Claims handler phone:

E-mail to propertyfileinfo@ccc.govt.nz or bring to CCC.

Disclaimer:

Advice to applicant:

If you wish to stop your insurer/PMO using exemptions or claiming existing use rights, you should first try to ensure that it will not involve any transfer or increase in risk for yourself (e.g. a hazard notice, a repair or rebuild that does not comply with your insurance policy entitlement, or with the Building Code). If you still have had no EQC land report or information on the amount of your land settlement, this is also an argument for delaying any construction or repair work. The condition of the land and the settlement amount may determine the best option for you. Each person’s situation is different, so if you are unsure, it is best to consult a property lawyer first. If you are unwilling to wait, you can also engage a surveyor to ascertain the extent of lateral spreading and where boundary locations should be. This letter will stop consents being issued for your property, but you will still have to negotiate with your insurer.

 

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