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This determination examines an authority’s decision to refuse to grant an application for a building consent for building work in relation to relocating and altering an existing dwelling under section 50.

The determination evaluates whether the authority’s reasons for refusing to grant the building consent were specific, clear and valid, particularly concerning the natural hazard provisions of the Act, and Clauses B1 Structure, E1 Surface Water and G13 Foul Water.

This determination considers building work done without consent to an existing workshop in a commercial building: the building work included installing storage racks and internal partitions, and the installation of sanitary and kitchen facilities. The determination discusses whether the work was exempt from the need to obtain a building consent under Schedule 1 of the Building Act, and whether the building had undergone a change of use.

This determination considers whether a building consent issued to a previous owner for the construction of a new dwelling should have been issued subject to a section 73 condition requiring notification of a natural hazard to be placed on the land title.  The determination was sought by the current owner who believes the land is subject to inundation.  The determination considers whether the land is subject to a natural hazard and the information the authority relied upon in issuing the building consent.

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 the compliance of consented work for the relocation of an existing building onto a new site and alterations to the building.  The authority refused to issue the code compliance certificate for the work because of concerns over the performance of a membrane roof to a new extension built as part of the relocation consent. 

This determination considers the compliance of a consented building where there was delay in completing the consented work.  The determination considers the authority’s reasons for declining to issue the code compliance certificate for the work; the authority’s reasons were principally concerned with the building’s compliance with Building Code Clause E2 — External moisture.