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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.

This determination considers whether there was sufficient information provided in the building consent application and available to the authority as part of its own inspections, without the independent construction monitoring and certificate for the cladding system, to allow the authority to be satisfied on reasonable grounds that the building work woudl comply with the relevant clauses of the Building Code if the building work was carried out in accordance with the plans and specifications.

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. 

The authority has refused to issue a code compliance certificate for building work carried out pursuant to building consent because it is not satisfied that the cladding system that formed part of the building work complied with clauses B2 and E2 of the Building Code at the time it was constructed.

The authority’s formal refusal letter, when read together with an accompanying email referring to the reasons for refusal, had provided sufficient reasons for refusing to issue the code compliance certificate.