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This determination was sought by the owner of an adjacent property who was of the view that the retaining wall and site works did not comply with the Building Code.

This determination discusses who can be issued with a notice to fix, in particular when building work was undertaken by a previous owner without building consent having been obtained. It also considers the compliance of building work and discusses circumstances where building work departs from Acceptable Solutions or New Zealand Standards.

Note: This Determination was set aside by order by the District Court as a result of an appeal under section 208 of the Building Act. The Court order was made by consent of the parties after the respondent Council conceded it failed to comply with the statutory provisions governing notices to fix.

This determination considers whether the bracing design for two external walls of a
single-storey timber-framed dwelling complied with the Building Code. In deciding this
matter, I have considered whether the bracing design complied with the means of
compliance stated in the building consent application, which was New Zealand
Standard NZS 3604:2011 Timber-framed buildings.

This determination considers whether the authority were correct to issue a code compliance certificate for the building work to partially re-pile an existing house. The determination considers whether the building work can be considered as a minor variation.