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2019/064: Regarding a proposed notice to fix and whether work carried out is building work

This determination considers the authority’s proposal to issue a notice to fix for work that the authority considers constitutes building work that required building consent.  The issue concerns an abode that has been constructed using a trailer and that the owner contends is a vehicle and not a building.  The matter turns on whether the work carried out was work for or in connection with the construction of a building.

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2023/011: Regarding the refusal to grant a building consent for alterations to an existing building

This determination considers an authority’s exercise of power of decision to refuse to grant a building consent for proposed alterations of an existing building. The determination considers the reasons given by the authority for the refusal, including the requirement for a peer review of the earthquake strengthening element of the building work.

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2024/035: The purported refusal to grant a building consent for a skillion roof and whether it complies with E2.3.5 by way of E2/AS1

This determination considers an authority’s purported refusal to grant a building consent for a proposed skillion roof design on an extension to an existing dwelling. The roof design is intended to comply with E2.3.5 by way of acceptable solution E2/AS1 for ventilation to this roof space.

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2024/007: An authority's refusal to grant building consent for a new dwelling, and compliance of a proposed foundation design with Clause B1 Structure

This determination considers an authority’s decision to refuse to grant an application for a building consent for the construction of a new dwelling. The determination considers the authority’s reasons for the refusal, and whether the proposed timber piled foundation design complies with Building Code Clause B1 Structure.

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2023/036: The issuing of a certificate of acceptance for building work in the roof space of a house

This determination considers an authority’s decision to issue a certificate of acceptance for building work in the roof space of a house. The determination considers whether building consent was required for the building work, as well as how the provisions relating to certificates of acceptance apply.

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9. Fencing and restrictions

This section includes fences and hoardings (excluding around a swimming pool) and the means of restricting access to small heated pools. It also covers height-restriction gantries which restrict vehicles from entry to a space.

2025/002: An authority’s proposed refusal to grant a building consent for two multi-unit buildings in relation to the application of C/AS1 Part 5

This determination considers an authority’s proposed refusal to grant a building consent for two multi-unit buildings.

The determination considers the application of Acceptable Solution C/AS1 paragraph 5.1.1 for the proposed external wall design in relation to control of external fire spread.

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2015/015: The refusal to issue a code compliance certificate for a 16 year-old house with monolithic and brick veneer claddings

Discussed whether the building work complied with the Building Code current at the time the consent was issued and whether a code compliance certificate should be issued. Also discussed requirements for energy work certificates under section 94(3) of the Act, and producer statements.

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2015/001: Regarding the refusal to issue a code compliance certificate for a 16 year-old house with mixed claddings

Discussed whether the building work complied with the Building Code current at the time the consent was issued and whether a code compliance certificate should be issued. Also discussed whether it is reasonable to grant a modification to durability provisions in Clause B2 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: