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This determination considered whether a change of use had occurred and whether the authority was correct to refuse to grant an exemption under Schedule 1(2).

This determination considers two successive notices to fix alleging the owners carried out building work to construct a sleepout without building consent, when consent was required, in contravention of section 40 of the Building Act.

The determination discusses whether the building work was exempt from the requirement to obtain a building consent under Schedule 1 of the Act, and the form and content of the notices.

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers the authority’s decision to issue a code compliance certificate for an automatic pool cover as a pool barrier. The determination discusses whether a special exemption was granted under the Fencing of Swimming Pools Act 1987 and the compliance of the automatic pool cover...