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2018/026: Issue of a notice to fix in respect of building work undertaken without building consent

Note: This determination is subject to clarification This determination considers a notice to fix issued for the rebuilding, without a building consent, of a small extension or lean-to attached to a house. The matter turns on whether the components or assemblies replaced in the rebuilding of the structure were in the same position such that they were exempt under Schedule 1from the requirement for a consent, and whether the notice to fix was correctly issued.

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Practice Advisory 1: Bend the bar but not the rules

You must follow New Zealand Standard procedures if you are bending or rebending steel reinforcement.

2016/031: Issuing of a code compliance certificate in respect of thermal insulation to a hot water cylinder and hot water pipework to a house

This determination considers the requirements under Clause H1.3.4 in regards to insulation of a TPR valve and a length of hot water pipework, and Clause G9 in regards to the location of an electrical cable in a duct with the water supply pipework. The determination discusses the application of the relevant Acceptable Solutions and associated Standards as a means of establishing compliance.

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Tiny houses

Information to ensure that tiny houses as buildings are safe, healthy and durable for their intended use.

2020/024: Regarding the grant of a building consent for alterations to a building

This determination considers whether alterations to a multi-level building on land subject to a natural hazard (flooding) are 'major alterations' in terms of section 71 of the Building Act. The authority was of the view that the alterations are major and granted building consent subject to a condition requiring notification on the property titles under section 73 of the Act. The determination discusses the relevant factors in assessing whether building work constitutes major alterations.

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2025/003: Refusal to grant a building consent for the construction of a lift in an existing commercial building

This determination concerns an authority’s decision to refuse to grant an application for a building consent to install a new lift into an existing two‐storey commercial building. The determination considers the authority’s reasons for the refusal and whether the new lift complies with the Building Code clause D2 if required by clause D1.3.4. The determination will also consider whether to grant a waiver or modification in respect of those clauses.

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2021/021: Regarding the withdrawal of a notice to fix for a retaining wall, near the boundary with another property

This determination concerns a low retaining wall located near a boundary that was constructed without building consent, where a driveway was subsequently built near the top of the retaining wall on the neighbouring property. The determination considers whether the retaining wall was subject to a surcharge or load from vehicle traffic at the time of its construction, and whether the wall was exempt from the requirement for a building consent under Schedule 1 of the Building Act.

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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:

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