What is a Section 72 or Section 73 notice on a property title?
Short answer
Sections 72 and 73 of the Building Act allow councils to register a notice against a property's title when the building has been built on land subject to natural hazards (flood, erosion, slip, liquefaction). The notice is a permanent record — a warning to anyone buying. Some titles have one and the owner doesn't know until they sell. Always check the title for these as part of due diligence.
Source: Building Act 2004 sections 72-73. Updated May 2026.
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Check a builderKey facts
- Section 72 — natural hazard notification on title
- Section 73 — broader 'land subject to' notification
- Registered on the Record of Title at LINZ
- Permanent unless removed by the council
- Common in coastal, flood-prone, and post-earthquake areas
Why they exist
Pre-2004 Building Act, councils could refuse consent if land was unsafe. Post-2004, consent can be granted with notification — the build can proceed but the risk is recorded against the title so future owners know.
Common in Christchurch (post-2010-2011), coastal Bay of Plenty, parts of South Auckland (flood), Hutt Valley, and Wellington's coastal/cliff zones.
What to do if you find one
Don't panic. Plenty of perfectly liveable houses have them. Read the notice carefully — it should specify the hazard (e.g., 'liquefaction susceptibility, depth to groundwater 1.5m'). Talk to your insurer — most policies cover natural events but some won't insure houses with specific notices.
Pricing: notice'd properties typically trade at a slight discount to comparable un-notice'd properties — the size of the discount depends on the hazard. Always negotiate with this in mind.
Knowing the rules is half the job. The other half is knowing who you're hiring. Check any NZ builder against the public record: company status, licensing and insolvency notices, from the official NZ sources.
Related questions
Sources: Building Act 2004 sections 72-73; Land Information NZ — linz.govt.nz. General information for NZ homeowners, not legal advice. Building rules change and vary by council, so confirm critical details on the official source before acting. Last updated 2026-05.