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2017/069: Notice to fix concerning the installation of a solar water heating system

This determination considers a notice to fix issued for the installation of a solar water heating system without building consent being obtained. The matter turns on whether installation of the system including the solar collectors was exempt under Schedule 1.

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The latest Biennial BCA Accreditation Report has been released

The Ministry of Business, Innovation and Employment (MBIE) has published its two-yearly building consent authority (BCA) accreditation report, which summarises the results from round seven of accreditation assessments that were carried out by International Accreditation New Zealand (IANZ).

2023/006: Regarding the compliance of a bracing design for a single-storey dwelling

This determination considers whether the bracing design for two external walls of a
single-storey timber-framed dwelling complied with the Building Code. In deciding this
matter, I have considered whether the bracing design complied with the means of
compliance stated in the building consent application, which was New Zealand
Standard NZS 3604:2011 Timber-framed buildings.

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2021/020: Regarding the refusal to issue a code compliance certificate for 23-year old alterations to a residential dwelling

This determination considers whether an authority was correct to refuse to issue a code compliance certificate for a building consent granted in 1998 under the former Building Act 1991. The determination will discuss the reasons given by the authority for the refusal, and how they relate to Building Code clauses B1 Structure, B2 Durability, E1 Surface Water, and E2 External Moisture that applied in 1998.

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2018/032: Open risers in an existing building undergoing alterations

This determination considers the authority’s refusal to grant an amendment to a building consent for alterations.  The applicant seeks to remove the requirement to close risers to the single set of stairs providing access to the upper level.  The determination discusses the application of section 112(1)(a) in the circumstances, and the assessment of compliance with Clause D1 Access routes to the extent "as nearly as is reasonably practicable"

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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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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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2025/032: Regarding the proposed refusal to grant a building consent amendment for the recladding of a relocated dwelling

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.

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2020/029: Regarding the issue of a notice to fix for building work to a sprinkler system carried out without a building consent

This determination considers whether a territorial authority was correct to issue a notice to fix for building works that involved the alterations and modifications of an existing specified system – an automatic sprinkler system – where a building consent was not obtained prior to the works commencing. The determination also considers if the building works could have been undertaken in accordance with clause 10 of Schedule 1 of the Building Act.

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2020/024: Regarding the grant of a building consent for alterations to a building

This determination considers whether alterations to a multi-level building on land subject to a natural hazard (flooding) are 'major alterations' in terms of section 71 of the Building Act. The authority was of the view that the alterations are major and granted building consent subject to a condition requiring notification on the property titles under section 73 of the Act. The determination discusses the relevant factors in assessing whether building work constitutes major alterations.

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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: