Natural Hazard Notations: What You Need to Know Before You Build
Natural hazards are defined under Sections 71–74 of the Building Act 2004 and include naturally occurring events like erosion, flooding, debris fall, land slippage, and subsidence - anything that can cause damage to land or buildings.
To protect property and life, councils are increasingly flagging sites as "natural hazard" zones, often based on historical events or projected modelling. Sounds reasonable, right? But there’s a catch…
A Broad Brush That Misses the Detail
Many councils are now applying wide-ranging hazard overlays - essentially painting whole areas as “at risk” based on general predictions, rather than carefully assessing individual sites using specific data, historical evidence, and expert analysis.
The result? Natural hazard notations are being applied to properties that may not actually be affected.
Why This Matters to You
Having a hazard notation registered against your property (via a Section 72 notice) can lead to serious consequences:
Reduced property value
Increased insurance costs
Restrictions on development
A permanent record on your land title
And the kicker? Even if the council got it wrong, they’ll still expect you to prove it - and pay for it. That usually means engaging a geotechnical engineer and navigating extra compliance steps, even when the hazard designation may not be valid.
The Legal Landscape Is Shifting
We’re already seeing the beginnings of pushback through MBIE Determinations, and councils may soon be facing legal scrutiny for overstepping their authority. Applying blanket hazard notations without robust, site-specific evidence is a dangerous game - whether councils realise it or not.
Don’t Sign Away Your Property Rights
Before you lodge a building consent or agree to a Section 72 notice, it’s crucial to ask:
Is your property genuinely affected by a natural hazard?
At EzyConsents, we help property owners challenge broad, unsupported hazard notations - ensuring councils stick to the rules and you’re not unfairly penalised. We review the evidence (or lack of it), explain your options clearly, and support you through the process.
Think your property might be affected?
Get in touch before you sign anything. One conversation could save you time, stress, and long-term consequences for your property.
