Normally the owner of commercial land is responsible for ensuring stormwater system compliance with local regulations. We take care of scheduling, maintenance and reporting for many commercial landholders.
Most Body Corporates are well aware of their legal responsibilities around stormwater system maintenance, but if in doubt we are here to help with advice on your obligations and take care of servicing.
Commercial Lease Holders
If your lease stipulates that stormwater maintenance is your responsibility, you can rely on us to regularly maintain and report on your stormwater systems, so you can relax, knowing you’re in good hands.
We are fully set up to partner with Facilities Maintenance companies and take care of stormwater maintenance on their behalf. We will provide regular updates and full reporting with before and after photos for your records.
Who is responsible for the maintenance of a leased commercial property?
Maintenance responsibilities under a commercial lease are normally listed in the Lease agreement between the tenant and landlord. The Auckland District Law Society Deed of Lease governs most leasing of commercial properties in the Auckland Region.
Landlords have a duty to ensure that commercial buildings comply with the requirements of the Building Act 2004, as well as the Building Code, and ensure that the building is weatherproof. The standard form of the ADLS Lease does not hold tenants liable for general wear and tear, or for defects in the design and construction of the building, and this normally means that the landlord is responsible for Stormwater Maintenance on commercial property.
Also in most cases The Health and Safety at Work Act 2015 states that Commercial property landlords, and their directors and officers, are duty holders with obligations under the Act, and further duties may apply where the landlord manages or controls the building itself, systems and common areas – even when the lease holder is responsible for the workplace itself. Good stormwater maintenance has implications on Health & Safety aspects also.
Generally a Landlord is obliged to keep and maintain the premises, and its services, in good order and repair. This means that, as well as ensuring that any works done by a Landlord at the premises have the proper consents and permits, a Landlord must also ensure that the premises has a current Building Warrant of Fitness (BWoF), and supply its Local Authority with the BWoF if required.
Auckland Council – Maintenance and operation of private stormwater systems
Information from Stormwater Bylaw 2015 – Ture-ā-rohe Wai Āwhā 2015 Section 16:
(1) Unless the council approves otherwise, the owner and manager of any private stormwater system is responsible for the operation of that system.
(2) The owner and manager of a private stormwater system must ensure that the system: (a) is maintained in good operating condition; and (b) does not cause or contribute to nuisance.
(3) The owner, occupier, and manager of a premises on which there is a watercourse, stop bank, or other defence to water, must maintain that watercourse, stop bank, or other defence to water in an operational state which ensures the free flow of water.
(4) Subclause (3) does not apply to any watercourses, stop banks, or other defences against water that are part of the public stormwater network.
(5) The council may specify controls for the disposal of stormwater through soakage, including prescribing an AEP storm event, for sites in a specified area. Explanatory note: This clause will apply to both new and existing ground soakage systems in a specified area. The controls specified will not be more stringent than the minimum standard required under the Building Code. Generally as a minimum a soakage system shall be designed to receive stormwater from the site up to a ten per cent AEP storm event unless otherwise approved by the council.
(6) The owner, occupier, or manager of a premises that has a soakage system as part of a private stormwater system which may cause a nuisance must ensure that the soakage system disposes of the stormwater from the site in accordance with any controls the council specifies.
(7) The owner or manager of a private stormwater management device must, on request by the council: (a) provide such information as is required to demonstrate that the stormwater management device is operated and maintained to achieve its purpose and not cause nuisance in a storm event up to the standard specified in the control under subclause (5) or by an operative resource consent, and (b) carry out such works as are required to ensure the stormwater management device meets its purpose.
(8) The owner or manager of a private on-site stormwater management device must: (a) keep a copy of the operations and maintenance manual (owner’s manual) and as built drawings for the device available; and (b) produce that copy of the owner’s manual and as built drawings upon request by the council.