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This determination is about a notice to fix issued for a change of use of a building without prior approval from the authority.

The determination considers whether the building’s use had changed for the purposes of the Building Act and whether the notice had been issued to a specified person.

This determination considers a requirement put in place after a building consent was issued to replace existing drains on a property where a new dwelling was being constructed.  The decision turns on the means of compliance stated in the building consent and the authority’s powers after the consent was issued.  The determination also discusses the Building Code obligations that apply in regards to drainage systems and the performance requirements and assessment of existing drains.