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This determination arises from the authority's decision to issue a notice to fix for work carried out to a large dam without a building consent for the contravention of section 40. The owner and the authority disagree on the scope of works that required building consent.

This determination considers whether the authority was correct in the exercise of its power of decision to issue a notice to fix for what the authority considers is building work that required a building consent. In order to make this determination I have considered whether a unit is a 'building' under section 8 of the Building Act 2004. The determination also considers whether the notice to fix was defective.

This determination considers whether a unit is a building that is subject to the Building Act. It discusses the tests of 'immovability' and 'permanent or long-term occupation' in relation to a vehicle, and the requirements for a notice to fix.

This determination considers whether the authority was correct in its purported refusal of three building consent applications for proposed dwellings under sections 49 and 50 of the Building Act 2004. The determination discusses the authority's reasons for refusal, and whether the authority was correct to refuse the applications for the reasons given.

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.

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.

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.

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.

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.