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2022/022: Regarding the decision to issue a notice to fix and whether a unit is a building

This determination considers whether the authority was correct in the exercise of its power of decision to issue a notice to fix for what the authority considers is building work that required a building consent. In order to make this determination I have considered whether a unit is a 'building' under section 8 of the Building Act 2004. The determination also considers whether the notice to fix was defective.

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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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Regulatory requirements of the BCA accreditation scheme

This section of the website provides an overview of the Building (Accreditation of Building Consent Authorities) Regulations 2006 and the Building (Registration of Building Consent Authorities) Regulations 2007 that give operational effect to the building consent authority accreditation scheme. Each clause in the regulations is summarised.

2018/014: Refusal of a code compliance certificate for alterations to a house

This determination considers the compliance of consented alterations to an existing house where some inspections during the construction had not been completed by the authority. The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue a code compliance certificate for the work.

An update from the Building System Assurance team

Find out more about the Building Systems Assurance team, and what they’re currently working on.

2025/019: The issue of a notice to fix for building work carried out without a building consent

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.

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2024/066: The authority’s decision to refuse an amendment to a building consent to increase the immediate pool area.

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.

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2020/021: Regarding the refusal to issue a code compliance certificate for the replacement of waterproofing membranes and tiles to concrete decks

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.

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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: