2022/020: Regarding the issue of a notice to fix and the refusal to issue two discretionary exemptions under schedule 1(2)
About this determination
This determination considers the authority's decision to issue a notice to fix for building work carried out in contravention of section 40 of the Building Act (building work not to be carried out without building consent). In deciding this, consideration is given to whether the building work falls within the exemption outlined in Schedule 1(7) of the Act. This determination also considers the authority's decision to refuse to issue two discretionary exemptions applications under Schedule 1(2) of the Act (exemption from the requirement to obtain a building consent.