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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 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 authority was correct to refuse to grant an exemption under Schedule 1(2) for work to reclad a house. The determination also discusses whether the cladding was likely to be exempt from the requirement for a building consent under Schedule 1(1).

This determination considers the authority’s refusal to grant an exemption from the requirement to obtain a building consent under Schedule 1(2)(a) for seismic strengthening work. The determination discusses the types of matters that an authority must turn its mind to when considering whether to grant an exemption and the information provided in this case that would allow the authority to consider an application for an exemption. 

This determination considers whether the authority was correct in requiring an application for building consent or whether the proposed building work, to relevel the house foundations by injecting expanding resin, was exempt under Schedule 1.  The determination discusses the whether the expanding resin is a ‘comparable component’ in terms of the foundation system, and whether the proposed building work is a ‘substantial replacement’.