Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005

11 Alteration of building: what amounts to substantial alteration

(1)

For the purposes of section 133AT(2)(c) of the Act, an alteration of a building or a part of a building that is subject to an EPB notice is a substantial alteration if the territorial authority is satisfied that—

(x + y) > (z ÷ 4)

and

(x + y) > $150,000

where—

x

is the estimated value of the building work to which the current application relates, other than work that the territorial authority is satisfied is seismic work

y

is the aggregate of the estimated value of the building work to which all recent building consents relate, other than work that the territorial authority is satisfied is seismic work

z

is the total building value of the building.

(2)

In variable z, the total building value of the building is,—

(a)

if—

(i)

the building is on land comprised in 1 rating unit; and

(ii)

all of the improvements on the land comprise or relate to the building; and

(iii)

the value of improvements can be ascertained from the last calculated rateable value,—

the value of the improvements referred to in subparagraph (iii); or

(b)

if paragraph (a) does not apply, and if—

(i)

the owner, with supporting evidence, proposes an amount as a reasonable estimate of the added value that the building gives to the land on which it is built; and

(ii)

the territorial authority accepts that amount, for the purpose of this regulation, as a reasonable estimate of that added value,—

the amount proposed and accepted; or

(c)

if neither paragraph (a) nor (b) applies, the number 4.

(3)

In this regulation,—

current application means the application referred to in section 133AT(1) of the Act

estimated value means,—

(a)

in variable x, the estimated value (as defined in section 7 of the Act) at the date on which the current application is made; and

(b)

in variable y, in respect of each recent building consent,—

(i)

the estimated value (as defined in section 7 of the Act) at the time that the consent was applied for; or

(ii)

if the applicant notified the territorial authority of any change in the estimated value of the building work, the changed estimated value

improvements has the meaning set out in section 2 of the Rating Valuations Act 1998

rateable value means the rateable value of land under section 13(3) of the Local Government (Rating) Act 2002

rating unit means a rating unit for the purposes of the Rating Valuations Act 1998

recent building consent means a building consent—

(a)

for building work to or in connection with the building; and

(b)

granted in the 2 years immediately before the date on which the current application is made; but

(c)

excluding a building consent that has lapsed at the date on which the current application is made

value of improvements has the meaning set out in section 2 of the Rating Valuations Act 1998.

Regulation 11: inserted, on 1 July 2017, by regulation 8 of the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Amendment Regulations 2017 (LI 2017/136).

Regulation 11(1): amended, on 16 December 2019, by regulation 5 of the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Amendment Regulations 2019 (LI 2019/267).