The subject is to be discussed at a council meeting today, but council staff have signalled the legal framework to enable creation of a bylaw does not exist.
Demolition by neglect is where property owners allow buildings to deteriorate to the point that demolition becomes necessary, or restoration becomes economically unreasonable, the council has said.
"In some cases, building owners may allow this to happen to bypass heritage protections."
One high-profile example of buildings being allowed to deteriorate has been in Princes St in Dunedin.
The owner of a group of buildings is now allowed to proceed with demolition of three buildings there, along with their historical facades and a building in Stafford St.
One building in the group, including its heritage facade, is to be retained.
The decision to allow demolition of the others prompted Cr David Benson-Pope to call for a bylaw.
This was backed by the Southern Heritage Trust.
"What had been a very public win by the council in initially securing the future of these facades has now become a gutting loss to heritage and to the streetscape of our main street," trust chairwoman Jo Galer said.
"A bylaw is possible and should at least be contemplated and debated by the council as a first step."
Ms Galer also supported calls for the property owner to take action in Princes St, but in a way that was sympathetic to the surrounding heritage.
"If he wants community support for future development or ventures on these sites from Dunedin’s community, then he needs to act like he’s part of it and get on with the job," Ms Galer said.
"What we need is for developers to restore and reuse heritage buildings after they have bought them, or incorporate their facades into their new developments.
"They are our treasures, which at present are being treated with total disdain and contempt by their owners.
"We cannot allow Dunedin’s treasured heritage resource to be obliterated."
Demolition by neglect is to be discussed at the city council’s customer and regulatory services committee today.
Council staff commented in their report for the committee demolition by neglect was neither regulated nor specifically referred to in the Resource Management Act, Building Act and Local Government Act.
"There may be a potential avenue through the Resource Management Act 1991, but that avenue would only be available in very limited circumstances and would carry risks."
In the absence of overarching legislation, a bylaw to deal with demolition by neglect was unable to be made, council staff said.
The Local Government Act enabled general bylaws to be created, but "a bylaw cannot be made unless a council concludes that the proposed bylaw is the most appropriate way of addressing the problem".
"In the case of demolition by neglect, there are other more appropriate legislative mechanisms available to deal with the problem, such as use of options in the Resource Management Act."
The city council has some incentives to support investment in heritage buildings, including a heritage fund.
The council decided in February a heritage action plan should be developed.
Demolition by neglect is expected to be a key issue in the plan.
