Previous determinations

Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding, but only in relation to each case.

Previous determinations may provide some useful guidance for those faced with similar problems, but note that individual circumstances may vary.

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2025/043: The authority’s decision to issue a notice to fix for a change of use

This determination is about a notice to fix issued for a change of use of a building without prior approval from the authority.

The determination considers whether the building’s use had changed for the purposes of the Building Act and whether the notice had been issued to a specified person.

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2025/042: An authority’s decision to issue a notice to fix for a mixed-use building

This determination considers whether a change of use occurred as a result of building work to increase the number of bedrooms for an existing residential unit in a mixed-use building.

The determination discusses the features and arrangements of the unit and the authority’s decision to then issue a notice to fix. It also discusses whether the unit is classified as a ‘detached dwelling’ under Building Code Cause A1 Classified Uses.

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2025/021: The authority's decision to issue a notice to fix for a change of use

This determination considers the authority’s decision to issue a notice to fix for an unnotified change of use. The determination considers the old and new uses of the building, in order to determine whether the building has undergone a change of use in contravention of sections 114 and 115 of the Building Act.

The determination also discusses the particulars and remedies contained in the notice. 

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2025/008: An authority’s decisions to issue two notices to fix for a change of use and construction of tents without building consent

This determination considers an authority’s decisions to issue two notices to fix.

The determination considers whether the owner’s house had undergone a change of use in contravention of sections 114 and 115 of the Building Act 2004.

It also considers whether two tents installed on the property were exempt from the requirement to obtain a building consent under Schedule 1 of the Building Act.

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2025/006: The decision to issue a notice to fix for a change of use of a building

This determination considers an authority’s decision to issue a notice to fix under section 164 of the Building Act 2004.

The determination turns on whether there has been a ‘change of use’ of a building for the purposes of the Act.  

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2025/001: The purported decision to refuse to issue a building consent for reasons relating to the building’s use and means of escape from fire.

This determination considers an authority’s purported decision to refuse to issue a building consent for alterations and an addition to an existing building.

The matter turns on whether the proposed building work would have resulted in a change of use for the building and whether the building would have complied as nearly as reasonably practicable with clause C4.3 of the Building Code relating to means of escape from fire.

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2024/060: An authority’s refusal to withdraw two notices to fix issued in relation to a change of use

This determination considers an authority’s decision to refuse to withdraw two notices to fix, which the owners believe had been satisfied by reverting to the building’s original use.

The determination turns on whether letting the house for short-term holiday accommodation to single groups constitutes a change of use from SH (Sleeping Single Home) to SA (Sleeping Accommodation).

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2024/059: An authority’s refusal to withdraw two notices to fix issued in relation to a change of use

This determination considers an authority’s decision to refuse to withdraw two notices to fix, which the owners believe had been satisfied by reverting to the building’s original use.

The determination turns on whether letting the house for short-term holiday accommodation to single groups constitutes a change of use from SH (Sleeping Single Home) to SA (Sleeping Accommodation).

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2024/047: An authority's decision to issue a notice to fix for a change of use of a house.

This determination is subject to appeal​.

This determination considers an authority’s decision to issue a notice to fix. The determination considers whether a change of use has occurred, the remedies in the notice, and whether section 167 of the Building Act applies.

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2024/038: An authority’s decisions to issue a notice to fix and a dangerous and insanitary building notice.

This determination considers an authority’s decision to issue a notice to fix and whether there has been a change of use under the Building Act of a house and converted garage. The determination also considers the authority’s decision to issue a dangerous and insanitary building notice for the converted garage.

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This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: