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This determination considers a notice to fix issued for building work carried out without first obtaining a building consent, in contravention of section 40 of the Building Act.

The determination discusses the particulars required in a notice to fix for a section 40 contravention.

This determination considers the proposed decision to refuse to grant a building consent amendment for the recladding of a relocated dwelling.

The determination considers whether the proposed amendment to retain existing timber window joinery alongside new plywood and batten cladding would comply with Building Code clause E2 External moisture to the extent required by the Building Act.

This determination considers the compliance of an as-built surface water drainage system to a new house.  The system as consented did not provide a compliant solution and the work as installed is not considered to be compliant by the building owner.

This determination considers decisions by an authority to issue two notices to fix regarding a newly constructed indoor playground comprising four separate structures. The determination considers the form and content of the notices, and whether there were grounds to issue the notices, including whether the building work was exempt from the requirement to obtain a consent, and whether the playground complies with Building Code Clause B1 Structure.

This determination considers an authority's decision to issue a notice to fix to property owners regarding two self-contained units constructed on their land.

The owners disputed the notice, arguing that the units were vehicles, not buildings, and therefore did not require building consent.

This determination considers the authority’s decision to refuse an application for an amendment to a building consent proposing to extend and increase the immediate pool area.

The determination discusses the reasons for refusal, and whether the additional spaces enclosed can be included within the ‘immediate pool area’ as defined by the Act.

This determination considers whether the changes to a decking system to an existing building in a retirement village constitute a minor variation to the building consent issued for remedial work to the building. The determination considers whether the as-built decking system is compliant and examines the variation against the guidance issued by the Ministry on minor variations.

This determination concerns sitework carried out by the applicant’s neighbour and whether this is likely to cause damage or nuisance to the applicant’s property in breach of Clause E1 Surface water.  The determination also considers whether the authority was correct to grant a building consent and a code compliance certificate for this work.