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2026/016: An authority's decision to issue a notice to fix for work carried out without a building consent for a drainage system and shed

This Determination is subject to appeal. This determination concerns an authority’s decision to issue a notice to fix for building work it considered required a building consent. The determination considers whether the installation of a drainage system that disposes of grey water from a unit is building work, and whether construction of a shed is exempt from requiring a consent under Schedule 1 of the Building Act. It also considers the form and content of the notice to fix. 

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C/AS6, amendment 2

C/AS6 (C1-C6) Buildings for high level storage/other high risk purposes (Risk Group WS). Amend 2. 19 Dec 2013-28 Feb 2015.

2016/011: Regarding the issue of a notice to fix for a pit latrine, showering shed, water supply system, and two Shepherd's huts

This determination involves a number of small structures constructed on a rural property without building consent first being obtained; it was the owners’ understanding that the building work was exempt under Schedule 1. The determination discusses whether the two shepherd’s huts are buildings, and the clauses of the Building Code that apply in respect of the pit latrine, a latrine with a chemical toilet, the showering shed and the water supply system.

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C/AS7, amendment 4

C/AS7 Buildings used for vehicle storage and parking (Risk Group VP) for Building Code Clauses C1-C6. First edition, Amendment 4.

2024/031: Regarding the compliance of building work with Building Code clause E1.3.1 Surface water

This determination considers whether the building work carried out at 57 Pomona Road complies with E1.3.1 as it relates to the protection of ‘other property’ at 53 Pomona Road. This turns on an assessment of whether the building work has concentrated or directed surface water in a way that could cause nuisance or damage to 53 Pomona Road.

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2023/039: Compliance of handrails to an external stair with Clause D1 Access routes

This determination considers whether building work carried out to install two handrails to an external stair to a dwelling complies with Building Code Clause D1 Access routes. The determination considers whether the as-built handrails are "graspable" in accordance with clause D1.3.3(j), and the requirements of the relevant acceptable solution.

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2018/042: Refusal to issue a code compliance certificate for a viewing platform

This determination considers the compliance of a viewing platform and associated parking with Clause D1 Access routes, and whether an access route to the platform for people with disabilities was needed. The determination also considers whether the gravel access track and car parking provide reasonable and adequate access in terms of Clauses D1 and B2 Durability.

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2022/021: Regarding the notice to fix issued for the construction of a replacement garage without first obtaining a building consent

This determination considers whether the building consent authority was correct in the exercise of its power of decision to issue a notice to fix for a construction of a garage to replace an existing garage without first obtaining a building consent. This determination will turn on whether the building work to construct the garage is exempt under Schedule 1, clause 7 of the Building Act.

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2016/018: Regarding the issue of a notice to fix for a two-cell earthship building

This determination considers whether a two-celled rammed earth building constructed without consent was exempt under Schedule 1 and whether the authority was correct to issue a notice to fix. The determination discusses the remedies provided for in the notice, and discusses issues relating to an application for a certificate of acceptance.

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Issue 4 - December 2013 (Updates and clarifications to the residential guidance)

3 clarifications and new information on technical issues relating to the residential guidance for Canterbury.

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:

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