Search

This determination considers an authority's decision to grant a building consent under section 72 for a new building on land adjacent to a neighbouring property that is subject to the natural hazard of slippage.

The matter turns on whether the neighbouring land is intimately connected with the land on which the building work is being carried out. 

This determination considers an authority’s refusal to issue a building consent for conversion of one level of a multi‐storey building from commercial to residential use.

It considers the reasons for the refusal under section 50 of the Building Act 2004, and provides comments on section 115 decision‐making.

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 the authority's decision to issue a notice to fix for a container arch structure that was constructed without building consent. The determination considers whether there was a contravention of section 40 of the Building Act 2004, which turns on whether the building work was exempt from the requirement for a building consent under clause 3A of Schedule 1. The determination also considers whether the owner is a specified person that has contravened the Building Act.

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.

This determination considers an authority's purported exercise of decision not to grant a building consent on the basis that a producer statement design, related to the design of new timber retaining walls, which has not been signed by a registered Chartered Professional Engineer. The determination will discuss the status of a producer statement, some factors for an authority to consider when assessing a producer statement, and how these apply in this case.

This determination considers the authority's purported refusal to grant a building consent for proposed building work because the authority did not agree with the importance level proposed by the structural engineer. The determination discusses whether the subject building should be classified as Importance Level 2 or Importance Level 3 as set out in Australian/New Zealand Standard 1170.0. This standard is referenced by Verification Method B1/VM1, which is a means of compliance with Building Code Clause B1 Structure.

This determination considers the decision by the authority to issue a building consent with a section 37 certificate attached.  The determination discusses what the section 37 test ‘will or may materially affect building work’ means.

This determination considers the authority's exercise of its powers in respect of conditions on a building consent for the partial recladding of a house relating to the possibility of timber framing requiring remediation.