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2017/004: Regarding the issue of a notice to fix for building work undertaken without building consent

This determination considers building work done without consent to an existing house: the building work included the replacement of insulation and external wall cladding, installation of jack trusses, and affixing cladding over an existing cladding. The determination discusses whether the building work was exempt from the need to obtain a building consent under Schedule 1 of the Building Act, the drafting of the notice to fix and the remedies, and whether a building consent authority can withdraw a notice to fix.

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2024/048: Regarding an authority’s decision to grant a building consent

This determination considers an authority’s decision to grant a building consent regarding building work associated with the relocation of an existing dwelling. The authority believes it granted the building consent in error, and that decision should be reversed, due to concerns that have subsequently arisen with the designs for the onsite surface water and foul water disposal systems.

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2017/015: Grant of a building consent across two allotments

This determination considers the definition of an 'owner' for the purposes of section 75 and whether a section 75 certificate was required on the building consent. The determination discusses whether a building consent can be granted over two allotments to a leaseholder without requiring a section 75 certificate.

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2023/043: An authority’s decision to grant a minor variation to a building consent for a change to external wall cladding

This determination considers an authority's decision to grant a minor variation to a building consent regarding the substitution of external wall cladding products. The determination considers the criteria for granting a minor variation, whether the building consent is required to reflect the change in the external wall cladding, and if a new or amended certificate of design work is required

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Standard order of documents checklist

Your building consent application should be clear, correct and complete, and include a suitable level of detail.

2024/023: Regarding the refusal to grant a building consent for alterations to an existing dwelling

This determination considers the authority’s refusal to grant a building consent for alterations to an existing dwelling. The authority considered that the building consent could not be granted for a range of reasons, including a lack of documentation, construction details, and conflicting information in the plans. This determination considers the reasons for refusal set out by the authority in its letter.

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2018/063: Building Code compliance of the proposed location for large toilet paper dispensers in accessible public toilets

This determination considers the code compliance of large toilet paper dispensers installed in prefabricated public toilets - the location of the dispensers differs from that shown in the relevant Acceptable Solution.  The prefabricated toilets are built under a consent issued at the point of manufacture and relocated throughout the country using a separate buidling consent for the site installation.

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Territorial authorities and earthquake-prone buildings

Territorial authorities need to consider which seismic risk areas apply and what information they have on buildings.

2017/061: Proposed demolition of half a duplex building and the compliance of the remaining half

This determination considers whether there was sufficient evidence provided in a building consent application for the authority to grant the consent under section 49 of the Act where half of a duplex is proposed to be demolished. The determination considered whether the proposed building work complies with Clauses B1, B2, C3, E2, and H1 of the Building Code.

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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: