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2024/013: An authority's purported refusal to grant a building consent for building work that may constitute a change of use

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.

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Getting to grips tool - helping you navigate the residential guidance

A tool to help you navigate the guidance Repairing and rebuilding houses affected by the Canterbury earthquakes

2023/021: The refusal to issue a code compliance certificate for a 21-year-old dwelling.

This determination considers the authority's decision to refuse to issue a code compliance certificate for a building consent for a dwelling with monolithic cladding. The authority raised concerns including in regards to Building Code clauses E2 External Moisture and B2 Durability.

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2018/033: Decision to issue notices to fix for the demolition of a building

This determination considers the authority’s decision to issue notices to fix for demolition work carried out without building consent.  The determination turns on whether the building is 'detached' and accordingly whether demolition of the building is exempt building work under Schedule 1.

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2025/025: An authority’s decision to grant a building consent under section 72 and whether the building work was major alterations

This determination considers an authority’s decision to grant a building consent under section 72 of the Building Act 2004, which meant that a natural hazard notice was entered on the property’s record of title.

The determination considers whether the building work was ‘major alterations’ for the purpose of the natural hazard provisions of the Act.

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2021/015: Regarding the compliance of an existing pool barrier

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers the compliance of an existing pool barrier that incorporates a number of sliding wall panels and for which a code compliance certificate had previously been issued. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building...

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2021/014: Regarding compliance with the Building Act of an existing pool barrier

Note: This determination is subject to appeal.

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers the compliance of an existing pool barrier that incorporates brick columns and walls and sections of metal fencing, and hedges. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building...

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2016/043: Regarding the compliance of weatherboards as installed to a house

This determination arises from a dispute regarding the installation of cedar weatherboards in a manner that is not in accordance with the building consent or with the manufacturer’s instructions. The determination considers whether the weatherboards as installed comply with Clauses E2 and B2 of the Building Code.

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2015/011: Regarding the compliance of masonry block walls to a 19 year-old garage

Discussed whether masonry walls complied with Clause B1 of the Building Code that was in force at the time the consent was granted. Related to building work that was carried out without inspections, and whether there was sufficient evidence to establish compliance.

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2024/021: Regarding the issuing of a notice to fix for a partially completed new single storey residential building

This determination considers the decision by an authority to issue a notice to fix for a partially completed new single storey residential building. The determination considers whether the areas of work identified on the notice comply with the building consent and whether the foundations comply with Building Code clause B1.3.1.

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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: