Roger Gordon: Building quake risk worth checking out

Roger Gordon

The Rotorua District Council presented a very interesting seminar on Potentially Earthquake-prone Buildings, particularly targeted to building owners and the property advisory sector.

Over the past couple of years, the council has externally contracted a risk assessment project. This assessment only applies to those buildings constructed prior to 1976, approximately 1300 properties.

Owners of those buildings will be advised of the result of their assessment this week.

The council has been very responsible in emphasising this assessment is only a "desk-based" assessment and indicates the need for further evaluation of the structural integrity and risk by a professional engineer.

There is also considerable information on the council website to inform those who need to know more.

Although there is no legal requirement for the owner to inform the tenant of the risk assessment result, the tenant needs to know they have a legal responsibility to manage that risk under the Health and Safety in Employment Act.

According to a Bell Gully release of the subject, the Act provides a broad framework for managing the health and safety of those involved in work activities. While the primary focus of the Act is on employers, there are a number of other duty-holders who may be liable under the Act. Landlords and tenants may owe duties in various capacities, including as an employer, principal or "person in control of a place of work". In particular, a person in control of a place of work "includes building owners, tenants, occupiers and persons in possession of a workplace". Duty holders under the Act must ensure they have an "effective method" for identifying the risk of serious harm, and take "all practicable steps" to protect employees, customers, and other third parties from that harm.

The Bell Gully article makes interesting reading for tenants and landlords alike, so I have posted it on our website should anyone wish to read it.

But it is clear that tenants have a duty under the Act and it is important they are aware of the result of the risk assessment on the building they occupy. In many cases, landlords will discuss with the tenant the assessment and what plans they have to meet any requirements.

Some landlords have already been proactive and have started to complete the required strengthening work.

I encourage all tenants to approach their landlord for a copy of the notification of risk assessment so they are aware of the situation.

However, there may be a small number of relationships where the landlord is reluctant to share the information.

Tenants should be aware all risk assessments are attached to the individual property files and are public information. A request to the council's Customer Service Centre can obtain this information. There may be a small cost.

Roger Gordon is chief executive of the Rotorua Chamber of Commerce. This column reflects his personal opinion and not necessarily that of the Chamber.