Previous determinations

This determination considers an authority’s decision to issue a notice to fix for a timber deck constructed without building consent in contravention of section 40.

The determination considers whether the work was exempt from the requirement to obtain building consent under clause 24 of Schedule 1 of the Building Act, turning on the height of fall from the deck.

This determination considers the authority’s decisions to refuse to issue a code compliance certificate for alterations to a house and to refuse to issue a certificate of acceptance in relation to the construction of a lean-to.

The determination considers the reasons given for the refusals, and whether they meet the respective requirements of sections 95A and 99A.

The matter being determined relates to two new horizontal steel beams installed alongside existing internal staircases in a commercial/residential building. 

This determination considers the requirements of clause F4 and the likelihood of accidental fall in this case.

This determination considers the authority’s decision to issue two notices to fix for building work to enclose an existing deck and whether the building work required building consent. 

This determination relates to an authority’s decision to issue a dangerous building notice for a building which the authority considers is dangerous in the event of a fire. The determination analyses the features of the building in relation to the dangerous building test under section 121(1)(b).  

It considers whether the authority had grounds to issue the dangerous building notice under section 124, and the authority’s power of decision in relation to whether the notice has subsequently been satisfied.

This determination considers whether part of a proposed pool barrier on a property boundary complies with Building Code Clause F9 – Means of restricting access to residential pools. The barrier consists of a 1.2m high timber fence on top of an existing retaining wall.

This determination considers an authority’s decision to issue three successive notices to fix relating to whether a house has undergone a change of use in contravention of sections 114 and 115 of the Building Act.

This determination also considers whether the owner has carried out building work on a garage without first obtaining a building consent in contravention of section 40.

This determination considers the compliance of a section of a retaining wall with
Building Code clause F4 Safety from falling, in relation to a sudden change of level and
whether the barrier is of appropriate height and restricts the passage of children under
six years of age.

This determination considers the authority’s decision to issue a notice to fix for a contravention of section 40, for building work to replace external cladding without building consent.

The determination discusses whether the building work to replace the cladding is exempt from building consent under clause 1 of Schedule 1 of the Act, in particular, whether the cladding is ‘comparable’.

This determination considers the authority’s decision to grant a building consent under section 72 of the Building Act, which meant that a natural hazard notice was entered on the property’s record of title.

The determination considers whether the building work, was ‘major alterations’ for the purpose of the natural hazard provisions of the Act.