When building it’s important to consider any natural hazards that could be present on the land.
Natural hazards include:
- Erosion (including coastal erosion, bank erosion and sheet erosion)
- Falling debris (including soil, rock, snow and ice)
- Subsidence
- Inundation (including flooding, overland flow, storm surge, tidal effects and ponding)
- Slippage
New building work or alterations should be designed with any natural hazard in mind. You can apply for a building consent to carry out work on land with hazards; however, you’ll need to demonstrate how you will protect the building, the land, and any other properties potentially affected by the work. However should consent be granted notification of the risk is require on the title to the land. This provides authorities with immunity (on the basis that the owner is knowingly building on land affected by the natural hazard). It also alerts future owners.
A property information memorandum (PIM) or land information memorandum (LIM) will identify any hazards on file with Council.
For more information see sections 71 and 72 of the Building Act 2004.
What is a Section 72 notice
A Section 72 notice is issued when building consent is granted for properties affected by natural hazards, under specific conditions set by the Building Act.
This notice is recorded on your property’s Record of Title (previously known as the Certificate of Title) as a Section 73 notification, alerting future buyers, banks and insurance companies to the natural hazards affecting the land. The Section 72 notice ensures that both property owners and the council acknowledge the risks involved.
When is a Section 72 notice applied?
A Section 72 notice is applied when:
- Building work is approved on land that is subject to one or more natural hazards, as per Section 72 of the Building Act 2004.
- The building work won’t worsen or create new hazards, but the property remains subject to natural hazards such as erosion, falling debris, subsidence, inundation, or slippage (as listed in Section 71(3) of the Building Act).
Before consent is granted, Tauranga City Council requires the property owner to complete a Section 72 Notice Application under the Building Act form, confirming their understanding of the risks associated with building on land subject to natural hazards.
After the form is completed and submitted as part of the building consent application, a Section 72 condition is placed on the building consent (Form 5) when the building consent is ready to be granted. The relevant information is then sent to the council’s solicitors, who register the notice as per Sections 73 and 74 of the Building Act.
An example of what this will look like on your title is shown below:
“Notification that a building consent issued pursuant to Section 72 of the Building Act 2004 identifies [hazard type, e.g. ‘slippage’] as a natural hazard – [date] at [time].”
How does a Section 72 notice affect my property?
Once a Section 72 notice is registered on your Record of Title:
- It stays permanently unless the natural hazard is removed or sufficiently mitigated.
- It alerts future buyers to the presence of a natural hazard.
- It protects the council from legal action related to the owner’s decision to build on land affected by natural hazards.
- It demonstrates that the Building Consent Authority (BCA) has carefully considered the hazard when granting the building consent.
Can a Section 72 notice be removed?
Yes, but only under specific conditions. Tauranga City Council provides a Section 72 Notice Removal Application under the Building Act form. A Section 72 notice can be removed if:
- The natural hazard has been removed or sufficiently mitigated through property works or local infrastructure changes.
- The council is satisfied, based on expert evidence, that the risk no longer exists.
For more information, visit our Section 72 forms.
Tauranga City Council and Whakatane District Council Natural Hazards Practice Note (1mb pdf)
Section 72 notices what you need to know (1mb pdf)