Building in a Landslip Area

Building in Landslip Areas

St Helens has a small but significant landslip site which has its own building requirements. Landslip is closely governed by both the Building Act 2000 and Building Regulations 2014. The relevant parts of both Acts are displayed below. Note that they are to be read in conjunction with each other.

BUILDING ACT 2000 - PART 10 - RESTRICTIONS ON BUILDINGS
Division 1 - Landslip areas

150. Effect of order in A landslip area

(1) A person must not erect, alter or add to a building in an A landslip area except in accordance with subsection (2).

Penalty:

Fine not exceeding 100 penalty units.

(2) The Minister, on the recommendation of a general manager, may permit a person to –

(a) erect, in an A landslip area –

(i) a shed; or

(ii) an insubstantial building; or

(b) carry out building work, other than erections, in respect of a building in an A landslip area; or

(c) erect a building within the boundaries of a wharf in an A landslip area.

 

151. Effect of order in B landslip area

(1) A person must not erect, alter or add to a building in a B landslip area except in accordance with the Building Regulations.

Penalty:

Fine not exceeding 100 penalty units.

(2) A person must not store in a B landslip area –

(a) more than 10 000 litres of water; or

(b) any explosive, flammable liquid or other dangerous substance.

Penalty:

Fine not exceeding 100 penalty units.

 

152. Activities prohibited in landslip areas

(1) A person who erects, alters or adds to a building in a landslip area must not aggravate any existing landslip conditions.

Penalty:

Fine not exceeding 100 penalty units.

(2) Except in accordance with the Building Regulations, a person must not, in a landslip area

(a) excavate or deposit material; or

(b) use earthmoving or vibrating compaction equipment; or

(c) remove any vegetation.

Penalty:

Fine not exceeding 100 penalty units.

 

154. Compensation not payable for certain damage to buildings erected in known landslip areas

(1) In this section –

Act means the Mineral Resources Development Act 1995;

landslip order means an order under section 161B(1) of the Act;

registered means registered in accordance with section 161C of the Act;

revocation order means an order under section 161D(1)(a) of the Act.

(2) Once a landslip order declaring an area of land to be an A landslip area or B landslip area has been registered, no compensation or other relief is payable for any damage caused by earth movement to any building that is erected during the registration period in that area of land.

(3) For the purposes of subsection (2), the registration period is the period that commences on the day on which the landslip order is registered and ends on the day on which a revocation order in respect of that landslip order is registered.