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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 the compliance of a domestic garage and driveway with Building Code Clause D1 Access routes, including whether their dimensions are appropriate for the intended use. It also considers whether the building consent authority was correct to grant the building consent and code compliance certificate, and whether a proposal to widen the garage doorway (from 2.31 m to 2.8 m) would result in compliance.

This determination considers the decision making on two building consents and a code compliance certificate where the building work was carried out to the dwelling under separate building consents at the same time.

This determination considers the authority’s decision to issue a notice to fix for a contravention of section 40, for building work to replace external cladding without building consent.

The determination discusses whether the building work to replace the cladding is exempt from building consent under clause 1 of Schedule 1 of the Act, in particular, whether the cladding is ‘comparable’.

This determination considers the authority’s decision to refuse to grant a building
consent for alterations to an existing detached building. The determination considers the
authority’s reasons for refusal and whether sufficient information was included in the
building consent application for the authority to be satisfied that the provisions of the
Building Code would be met if the building work were properly completed in accordance
with the plans and specifications that accompanied the application.

This determination considers the use of glue-laminated timber as framing to the walls and roof trusses of a house.  The glue-laminated framing was substituted during construction for solid timber described in the approved building consent without approval being sought.  The determination considers the compliance of the glue-laminated framing and whether the substitution could be considered a minor variation to the approved consent.

Note: This determination is subject to clarification

This determination considers a notice to fix issued for the rebuilding, without a building consent, of a small extension or lean-to attached to a house. The matter turns on whether the components or assemblies replaced in the rebuilding of the structure were in the same position such that they were exempt under Schedule 1from the requirement for a consent, and whether the notice to fix was correctly issued.

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.