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2024/021: Regarding the issuing of a notice to fix for a partially completed new single storey residential building

This determination considers the decision by an authority to issue a notice to fix for a partially completed new single storey residential building. The determination considers whether the areas of work identified on the notice comply with the building consent and whether the foundations comply with Building Code clause B1.3.1.

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2024/013: An authority's purported refusal to grant a building consent for building work that may constitute a change of use

This determination considers an authority's purported decision to refuse to grant a building consent for an alteration to an existing workshop on a residential property. The determination considers whether a change of use is occurring with the proposed building work to create a sleep-out.

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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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2023/029: An authority's refusal of an application for a discretionary exemption from the requirement to obtain a building consent

This determination considers an authority's decision to refuse an application for a discretionary exemption from the requirement to obtain building consent, under clause 2 of Schedule 1 of the Building Act 2004. The determination considers the authority’s reasons for refusal, and whether a discretionary exemption can be considered after the building work has been completed.

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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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2022/005: Compliance of building work with Building Code clauses B1 Structure and E1 Surface Water, that provide protection of other property

This determination considers whether building work to construct an extension to an existing deck, a new retaining wall, and other structures along a boundary between two properties, comply with Building Code Clauses B1 Structure and E1 Surface Water that provide for the protection of other property.

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2021/025: Regarding compliance of timber shiplap weatherboards, coated with black paint, installed on a dwelling

This determination considers whether pine vertical timber shiplap weatherboards, painted black, comply with the Building Code Clause B2 Durability, as it relates to Clause E2 External Moisture. The determination considers a number of factors that contribute to Building Code compliance.

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2025/025: An authority’s decision to grant a building consent under section 72 and whether the building work was major alterations

This determination considers an authority’s decision to grant a building consent under section 72 of the Building Act 2004, which meant that a natural hazard notice was entered on the property’s record of title.

The determination considers whether the building work was ‘major alterations’ for the purpose of the natural hazard provisions of the Act.

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2025/019: The issue of a notice to fix for building work carried out without a building consent

This determination considers an authority's decision to issue a notice to fix to property owners regarding two self-contained units constructed on their land.

The owners disputed the notice, arguing that the units were vehicles, not buildings, and therefore did not require building consent.

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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: