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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2017/036: Change of use in respect of building work carried out to create a 12 bedroom building with an associated sleepout

This determination considered whether there was a change of use for the purpose of sections 114 and 115, in regard to building work carried out to increase the number of bedrooms in a building to 12.

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2017/006: Refusal to issue a building consent for the change of use from commercial to residential of one level in a multi-level building

Note: This determination is subject to clarification.


This determination discusses the assessment required under section 115 when there is a change of use to only part of a building, particularly in respect of Building Code clause B1 Structure and whether a detailed seismic assessment is required for the whole building.

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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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2025/006: 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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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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2023/034: An authority's 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 or part of the building for the purposes of the Act.

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2016/042: Regarding the compliance of a detached building containing two self-contained units

This determination considers whether the building in its proposed use will comply with the Building Code in regards to fire safety, laundering, and food preparation.  The determination discusses the proposed use of the building and whether there will be a change of use under the Regulations.

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2016/009: Notices to fix and the refusal to issue a certificate of acceptance in respect of the conversion of a double garage over a boundary

This determination involves building work that was carried out without consent to a double garage built across the boundary of two properties to install an ensuite, kitchen unit and bedrooms in each. The determination discusses the use under the Regulations before and after the building work and whether there was a change of use, the grounds for refusing to issue a certificate of acceptance, and the issuing of multiple notices to fix.

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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: