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This determination considered whether the authority’s decision to grant a building consent with an attached section 37 certificate that did not include a planning noncompliance that was not identified in the certificate. The determination also considers whether the authority could place a section 37 tag on the building work after the building consent had been issued.

This determination considers an authority’s purported decision to refuse to issue a building consent for alterations and an addition to an existing building. The matter turns on whether the proposed building work would have resulted in a change of use for the building and whether the building would have complied as nearly as reasonably practicable with clause C4.3 of the Building Code relating to means of escape from fire.

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.

This determination considers whether there was sufficient information provided in a building consent application to establish the compliance of the proposed building work, and whether the building work as constructed complies with the Building Code.

The determination considers the authority’s proposed decisions to refuse to issue code compliance certificates for two separate building consents for the construction, and subsequent alterations, to a detached dwelling. The determination considers the authority’s reasons for the refusals and whether sufficient information has been provided to the authority for it to be satisfied the building work complies with the Building Code that applied at the time the building consents were granted.

Note: This determination was subject to appeal. The Determination was confirmed and the appeal was dismissed. Read the appeal judgement. This determination considers the issue of a building consent and code compliance certificate for a motel in respect of a fire alarm system. The matter turns on whether the building work as approved in the building consent complied with Clauses C2 Means of escape from fire and F7 Warning systems, and whether the construction of the motel without a fire alarm system being installed met the performance requirements of those clauses when the code compliance certificate was issued.

This determination considers the definitions of building under section 8 and building work under section 7, and whether the relocated structure is a building for the purposes of the Building Act. The determination also discusses the particulars of contravention/non-compliance described in the notice to fix with regard to building work carried out without building consent.