LONG TERM MAINTENANCE PLAN

WHAT IS A LONG-TERM MAINTENANCE PLAN?

According to the Unit Titles Act 2010, the purpose of a long-term maintenance plan is to:

  • Identify future maintenance requirements and estimate the costs involved; and
  • Support the establishment and management of the funds; and
  • Provide a basis for the levying of owners of principal units; and
  • Provide ongoing guidance to the body corporate to assist it in making its annual maintenance decisions.

 

DO I HAVE A LEGAL OBLIGATION TO GET A LONG-TERM MAINTENANCE PLAN (LTMP)?

Yes, It’s the law – Section 116 of the Unit Titles Act 2010 requires you to have a LTMP in place which is regularly updated. The LTMP must cover a period of at least 10 years from the date of the plan or the last review of the plan.

 

WHICH BUILDINGS NEED A 30-YEAR LTMP? IS THIS A LEGAL OBLIGATION?

Under section 157C of the Unit Titles Amendment Act 2022, it is a legal requirement for the body corporate of a large unit title development to prepare a LTMP which covers a period of at least 30 years from the date of the plan or the last review of the plan. The definition of a ‘large unit title development’ is a “unit title development that includes 10 or more principal units” under the Unit Titles Amendment Act 2022. Therefore, all unit titles which have 10 or more principal units must prepare a 30-year LTMP which details all costs involved in maintaining the property for the next 30 years.

 

HOW OFTEN SHOULD I UPDATE MY LTMP?

By law you must update your LTMP at least every 3 years under section 157C of the Unit Titles Amendment Act 2022. However, many buildings are choosing to update every 2 years to keep up with constantly changing building, plant and equipment costs. This will allow these schemes to ensure their long-term maintenance funds cover all expected and upcoming costs associated with the maintenance of the scheme. Failing to update a LTMP will result in a non-compliant scheme and disruption to unit sales.

 

NOTE: Recent studies show that construction costs can rise annually by 9.5% (QV CostBuilder, 2023).  Independent bodies like interest.co.nz show that there is an undersupply in many trade areas keeping upwards pressure on costs.

 

WHAT ELSE IS IMPORTANT ABOUT UPDATES?

It is imperative that LTMPs are updated as frequently as possible to avoid stressful special levies and to ensure the current owners pay for their use of the building asset. It is important that a fair user pays system is adopted which doesn’t penalise new owners.

 

UNDER FUNDED LTMP’S = LOWER VALUATIONS!

When potential buyers find out that your strata scheme is under-funded and the long-term maintenance fund is insufficient to cover planned maintenance, they will see your property as high-risk. This leads to negotiations based on the financial risk involved in the sale of the scheme, forcing the sale price down.

 

WHAT’S INCLUDED IN MY LTMP?

Under Section 30 of the Unit Titles Regulations 2011, maintenance plans must cover common property, building elements and infrastructure – the body corporate may decide to add or remove LTMP items by ordinary resolution. Our inspectors are fully trained building professionals with decades of combined experience in report generation, maintenance, and new project management. Solutions in Engineering LTMPs are accurate maintenance predictions which take the burden off Managers and Committees.

SAFETY REPORT

WHAT’S YOUR DUTY OF CARE?

A body corporate is a person conducting a business or undertaking (PCBU) under the Health and Safety at Work Act 2015, which means all body corporates in New Zealand owe a primary duty of care to ensure the health and safety of workers. Section 36 of the Act states that a PCBU must ensure the health and safety of workers is not put at risk by work carried out as part of the business or undertaking. In order to be compliant, body corporates should source annual safety reports to ensure their scheme complies with the relevant legislation and to limit claims brought against them when an accident happens. A safety report will identify the common duty of care risks in the scheme and suggest compliance measures to minimise risks to health and safety.

 

Examples of common duty of care risks:

 

  • building elements that affect safety and did not meet applicable building codes at the time of construction; and
  • cracked, broken or unrepaired surfaces;
  • low bulkheads and other head injury hazards;
  • missing signage in driveways, walkways and car parks;
  • uneven surfaces (e.g., cracks, gaps, potholes);
  • unexpected elevation changes;
  • missing or loose handrails on stairs;
  • steps, staircases and/or handrails that do not comply with the relevant building codes;
  • debris or obstructions on walking paths;
  • cleaning and/or pool chemical storage that does not meet HAZMAT legislation.

 

 

WHY DO BODIES CORPORATE NEED TO COMPLY?

A PCBU is the umbrella term for entities that must comply with the Health and Safety at Work Act 2015.  As soon as a tradesperson or worker enters the strata scheme, the body corporate becomes a PCBU and is responsible for their safety. Where the body corporate fails to adequately identify and eliminate or reduce reasonably foreseeable hazards, they can be held liable and may face hefty fines and potential jail time.

 

WHAT IS MY OBLIGATION?

You are obliged under Section 36 of the Health and Safety at Work Act 2015 to ensure, so far as reasonably practicable, the health and safety of all workers, and to ensure no other persons on the property are put at risk from work carried out by tradespeople. This requires body corporates to be aware of, be proactive and take a broad view of compliance. It is not sufficient to assume that because no injury has occurred, everyone is safe.

 

WHAT ARE THE PENALTIES?

Your Body Corporate can be fined up to $3,000,000 and/or individuals can be sentenced to up to 5 years in jail. Therefore, you risk hefty fines under the Health and Safety at Work Act 2015 if you don’t comply with your obligations. These fines don’t include potential litigation costs that would occur as a result of an accident stemming from a failure to uphold your duty of care.

 

HOW CAN I EASILY MEET MY OBLIGATIONS?

You can act NOW! Compliance means being proactive about your safety obligations, and that involves identifying and rectifying hazards on the property. You should engage a suitably qualified and experienced company to conduct the following steps based on the Health and Safety at Work Act 2015:

 

Step1.              Inspect the common property and provide a report that clearly identifies any breaches of compliance;

 

Step 2.             Assess the risks that may result from those hazards;

 

Step 3.             Decide on the control measures to prevent, or minimise the level of risks present and future;

 

Step 4.             Monitor and review the effectiveness of these measures annually.

 

BENEFITS OF A SOLUTIONS IN ENGINEERING SAFETY REPORT:

  • Clearly identified hazards with accompanying digital photographs illustrating their locations;
  • Assesses risks that may result because of the hazards;
  • Assists you in deciding control measures to prevent, or minimise the level of risks present and future;
  • Provide a basic introduction to the important elements of Work Health and Safety and Risk Management;
  • Provide telephone support shouldyou require it;
  • Provide information that is the essential basics for engaging and managing contractors for use on common property.

 

HOW DO I STAY COMPLIANT?

Hazards constantly change – new cracks form, paths and pavers subside, moss grows on driveways, law court decisions set new duty of care precedents, handrails loosen, occupiers store items in unsafe locations, chemical storage locks are forgotten and the applicable legislation constantly changes. Under the Health and Safety at Work Act 2015, common property should be regularly monitored and reviewed to meet your obligations.

 

Meeting your safety obligations is easy with good quality, professional help. Solutions in Engineering Annual Safety Reports will take the compliance monkey off your back.

ASBESTOS SURVEY

DOES MY BUILDING NEED TO COMPLY?

It depends on if asbestos was in use when your building was constructed. If it was constructed before 1 January 2000 then you are obligated to comply. Large amounts of asbestos-containing material (ACM) was used in construction until it was banned in 2000. This means any building constructed in New Zealand prior to the year 2000, is at risk of containing asbestos and should be surveyed.

 

WHAT ARE THE LEGAL REQUIREMENTS?

Under section 7 of the Health and Safety at Work (Asbestos) Regulations 2016, “a PCBU must not carry out, or direct or allow a worker to carry out, work involving asbestos”. Further, section 9 states that a PCBU must ensure that “exposure of a person at the workplace to airborne asbestos is eliminated so far as is reasonably practicable” or “minimized so far as is reasonably practicable” where it cannot be eliminated. Therefore, all buildings constructed prior to 2000 must be surveyed for asbestos.

 

Section 13 of the Health and Safety at Work (Asbestos) Regulations 2016, outlines the requirement for a PCBU to prepare an asbestos management plan for the workplace which must be kept up to date and reviewed at least every 5 years under section 14 of the Regulations. The asbestos management plan must contain information about the following:

  • The identification of asbestos or ACM;
  • Decisions, and reasons for decisions, about the management of the risk arising from asbestos at the workplace;
  • Procedures for detailing incidents or emergencies involving asbestos or ACM at the workplace;
  • The workers who carry out work involving asbestos, including –
    • Information and training that has been and will be provided to the workers
    • Roles and responsibilities of the workers;
    • Any health monitoring of the workers that has been or will be undertaken.

 

WHAT ARE THE PENALTIES IF I DON’T COMPLY?

A $500,000 fine is the maximum penalty for non-compliance under the Health and Safety at Work Act 2015. This fine does not include the further potential risks of civil litigation and its associated costs.

 

WHAT IS THE DIFFERENCE BETWEEN RAW ASBESTOS AND ACM?

Raw asbestos is made of naturally occurring long and thin fibrous crystals found in rocks and soil. Each fiber is composed of many microscopic ‘fibrils’ that can be released into the atmosphere by abrasion and other processes. Whereas ACM (Asbestos Containing Material) is any material that contains more than one percent asbestos.

 

WHERE WAS ASBESTOS USED?

Asbestos was commonly used in residential and commercial constructions as it was cheap, abundant, fire resistant, and a great insulator which made it desirable as a building material.

 

Some examples of when asbestos was used are:

  • Asbestos Cement Sheeting in bathrooms, exterior walls, and under roof overhangs
  • Vermiculite ceilings – sprayed on/rough finish
  • Sprayed on fireproofing
  • Hot water pipe insulation
  • Switchboard backing boards
  • Fire door internal filling
  • Roofing sheeting like Super 66
  • Gaskets in sewerage and storm water pipes
  • Ceiling and floor tiles backing and glue
  • Wall and ceiling plaster
  • Transite shingles and more

 

WHAT IF NO ASBESTOS IS FOUND?

If you have a survey completed at your property and no asbestos is present, then simply file your report away and relax. Congratulations you have met your obligations. You are not required to obtain a management plan or register.

 

YOUR RECOMMENDED IMPLEMENTATION PLAN

Step 1 – Get an Asbestos Survey

  • Identify a competent survey company, such as Solutions in Engineering
  • Order surveys for all buildings constructed prior to 2000
  • It is strongly suggested you preorder the required onsite Asbestos register and management plan in the case where asbestos is found. (This makes compliance seamless and saves you money if asbestos is found. It all gets done at once.)

 

Step 2 – Implement Survey Recommendations

  • Keep all asbestos documentation onsite
  • Ensure contractors are aware of asbestos documentation