Part 2 Assessment Criteria in respect of Paragraph A of Section 6 (1)

1.   Structural Safety

(a) Has the dwelling on the affected property suffered such structural damage as a result of earth movements that it is no longer safe to be used as a residence?

(b) Has the dwelling on the affected property suffered such structural damage as a result of earth movements that, by reason of the rate or nature of the earth movements, it is in imminent danger of becoming unsafe to be used as a residence?

(c) [Part 2 of Schedule 1 Amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] [Part 2 of Schedule 1 Amended by No. 12 of 2016, Sched. 1, Applied:01 Jan 2017] Does the dwelling on the affected property substantially fail to comply with the Building Act 2016 ?

(d) Has the Council made a declaration or order, or issued a notice, under any of its statutory powers –

(i) in relation to the structural safety or habitability of the affected property; or

(ii) by reason of any contribution the affected property is making, or is likely to make, to the rate of the landslip –

and, if so, what is the nature and effect of that declaration, order or notice?

2.   Suitability for occupancy

(a) Is there any evidence that the occupants of, or visitors to, the affected property are exposed to a risk of personal injury as a result of damage caused to the property by earth movements?

(b) [Part 2 of Schedule 1 Amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] [Part 2 of Schedule 1 Amended by No. 12 of 2016, Sched. 1, Applied:01 Jan 2017] Does the dwelling on the affected property substantially fail, as a result of damage caused by earth movements, to comply with the Building Act 2016 in relation to fire safety?