Previous determinations

This determination concerns the decision of the authority to issue a certificate of acceptance for the installation of a new shower room in an existing dwelling.

The determination considers whether the building work complies with Building Code Clause E3 – Internal moisture and Building Code Clause G13 - Foul Water.

This determination considers the compliance of a tiled floor of an upper-level bathroom with Building Code clause E3 Internal moisture.

The determination discusses the tiled floor system, the shower enclosure and the compliance of the tiled floor with Building Code clause B2 Durability, in so far as it relates to clause E3. 

The determination considers the authority’s proposed decision to refuse a building consent in relation the bracing design in a new dwelling.

In making the determination, it will consider the reasons for the refusal about whether the compliance pathway for the design of the bracing is Acceptable Solution B1/AS1.

This determination considers whether part of a proposed pool barrier complies with Building Code Clause F9 - Means of restricting access to residential pools.

The part of the barrier being considered is the 1800mm high timber boundary fence and its junctions with 1200mm high internal glass fencing.

This determination considers whether part of a proposed pool barrier complies with Building Code Clause F9 Means of restricting access to residential pools. The part of the barrier at issue comprises a wall of a house which has a bi-fold window.

The determination also discusses the requirements of the Acceptable Solution for Clause F9 that relate to openable windows in a building wall forming a pool barrier.

This Determination is subject to appeal.

This determination considers an authority’s decision to issue a notice to fix for a contravention of section 40 in relation to several items of building work.

It considers whether a notice to fix can be issued for work which has been completed at the time the notice is issued, and whether an authority must know when the building work occurred. The determination also considers the remedies in the notice to fix.

This determination considers the authority’s decision to issue a notice to fix for a contravention of section 40 of the Building Act 2004, relating to building work carried out without building consent.

The determination focuses on whether the building work required building consent, in particular whether the work was exempt under Schedule 1, clause 3B, with specific consideration of the meaning of “not more than 1 storey” and the relationship between the floor level and the supporting ground.

This determination relates to the construction of a new residential building. The determination considers three matters: the issue of a building consent, whether the authority failed to exercise a power of decision to issue a notice to fix, and compliance with Clause B1 Structure of proposed remedial building work.

This determination considers an authority’s decision to issue two notices to fix for building work carried out at the owners’ property.

The notices allege contraventions of section 40 for building work carried out without consent, sections 114 and 115 for a change of use, and section 17 for non-compliance with the Building Code.

As part of the section 40 assessment, the determination considers whether the building work included in the notice to fix was the subject of a certificate of acceptance and whether it was exempt under Schedule 1. 

This determination considers an authority’s decision to issue a notice to fix for contravention of sections 40 and 17 of the Building Act 2004.

The determination considers whether the unit as modified is a vehicle or a building, and whether it complies with Building Code clauses D1, E2 and G13.