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2016/053: Regarding the exemption from the requirement for a building consent for foundation relevelling using expanding resin to a house

This determination considers whether the authority was correct in requiring an application for building consent or whether the proposed building work, to relevel the house foundations by injecting expanding resin, was exempt under Schedule 1.  The determination discusses the whether the expanding resin is a ‘comparable component’ in terms of the foundation system, and whether the proposed building work is a ‘substantial replacement’.

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2023/035: Whether proposed alterations to a dwelling to replace internal stairs with a lift comply with Clause D1 Access routes

This determination considers whether proposed building work to alter an existing dwelling to replace an internal stair with a lift will comply with Building Code Clause D1 Access routes. The determination considers whether, regardless of the lift, a stair is also required to allow access between floors, to comply with clause D1.3.3(e), when both floors have access to the ground outside.

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C/AS4, amendment 4

C/AS4 (C1-C6) Buildings with public access/educational facilities (Risk Group CA). First edition, amendment 4.

2025/018: The authority’s decision to issue a notice to fix for several container and canopy structures that were constructed without building consent

This determination considers the authority’s decision to issue a notice to fix for several container and canopy structures that were constructed without building consent.

The determination considers whether the building work was exempt from requiring a building consent under clause 4 of Schedule 1, which applies to unoccupied detached buildings. The determination also considers the form and content of the notice.

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2021/020: Regarding the refusal to issue a code compliance certificate for 23-year old alterations to a residential dwelling

This determination considers whether an authority was correct to refuse to issue a code compliance certificate for a building consent granted in 1998 under the former Building Act 1991. The determination will discuss the reasons given by the authority for the refusal, and how they relate to Building Code clauses B1 Structure, B2 Durability, E1 Surface Water, and E2 External Moisture that applied in 1998.

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3rd edition, amendment 7

F7 Warning systems – F7/AS1. 3rd edition, Amendment 7. Effective 10 October 2011 - 10 April 2013.

C/AS5, amendment 2

C/AS5 (C1-C6) Buildings for business, commercial, low-level storage (Risk Group WB). Amend 2. 19 Dec 2013-28 Feb 2015.

2026/006: The decision to issue two notices to fix for building work carried out without a building consent

This determination considers two successive notices to fix alleging the owners carried out building work to construct a sleepout without building consent, when consent was required, in contravention of section 40 of the Building Act.

The determination discusses whether the building work was exempt from the requirement to obtain a building consent under Schedule 1 of the Act, and the form and content of the notices.

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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: