Use this form to send the following email to the Christchurch City Council and your insurer.
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.
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 an application for building consent or exemption from building consent has been submitted for my property, please notify the applicant and agent 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 consent and 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 work complies with the building consent and Building Code and that the intended life of the building is not less than 50 years.
I expressly decline to permit any third party to seek an exemption from requiring a building consent pursuant to section 14c of the building act.
Also, any proposed variation to a building consent and approved documentation requires 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.
Further, should the subject application for building consent be in relation to altering my existing building, with reference to Building Act section 112(1)(b)(i & ii), continued compliance shall be deemed “pre-earthquake sequence” and complies with the Building Code and District plan requirements.
Please confirm acceptance of this notification.