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Building on land subject to natural hazards

Building on land subject to natural hazards

Sections 71-74 of the Building Act 2004 are concerned with building on land which is subject to a range of natural hazards, like erosion, falling debris (including soil, rocks, snow and ice), inundation (flooding) and slippage

The act requires QLDC to refuse consents for some construction where land is subject to a hazard unless adequate mitigation measures are proposed.

In certain situations, section 72 offers a solution by allowing owners to take the risk of building on land identified as having a hazard and placing a warning on the legal title.  This warns future property owners of the potential hazard.

Hazard notices can affect things like your ability to obtain insurance and on sell the property in the future. If you think natural hazards may apply to your project the Council recommends you seek professional or legal advice so you can make fully informed decisions.

Where the Council considers that the land is subject to a hazard we are required to issue the consent under section 72 and to notify the Registrar-General of Land so that a notice can be placed on the title. Before we do this, we will ask that the owner acknowledges (in writing) that they understand the implications of this, and provide the opportunity for further discussion.

 See further information on MBIEs website

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