One of the Building Consent Authority’s roles should be to protect ratepayers from dangerous building practices.
The Council has now agreed with us on the wording of a notification letter to protect the rights of residents.
The letter instructs the insurance company to consult with the homeowner before exercising any rights that may result in substandard repairs or dangerous practices. These restrictions can help ensure you achieve a sustainable and equitable settlement of your insurance claim.
If you are in the process of trying to settle an insurance claim, we recommend that you complete this form and forward it to the Council to protect yourself and ensure a sustainable outcome to your rebuild or repair. As the owner of the property, you can lift these restrictions at any time when you are satisfied that you will not suffer any negative consequences.
There is no cost involved.
As none of the authorities or organisations involved in the recovery has pointed out these pitfalls, please make sure that your neighbour is also aware of this option. Here is the letter:
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.
Name of property owner: XXXXX
Insurance company: xxx
Claims handler: xxx
Claims handler email: xxx
Claims handler phone: xxx