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Note: This determination is subject to clarification

This determination considers the authority’s decision to issue a notice to fix for work carried out without building consent.  The determination turns on whether the structure is a ‘building’ under section 8 of the Building Act or is excluded from that definition by section 9 because it is a ‘boat ...used in navigation’.

This determination considers the compliance of a recently-completed eight-storey steel framed building. Specific aspects of the completed frame had been brought to the notice of the authority, and the authority also questioned work carried out that varied from the approved consent. The determination considers the compliance of these matters in respect of Building Code Clause B1 Structure

This determination considers the exercise of power of decision by an authority to issue a code compliance certificate for building work to construct a foundation system and floor slab for a new vehicle storage and maintenance shed. The determination will consider whether the building work complies with the building consent and Building Code, taking into account all the information now available.

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"

This determination considers the authority’s reasons for refusing to issue a code compliance certificate for remedial work to an existing house; and whether the work concerned complied with Clause B1, B2, and E2 of the Building Code. The building consent had been issued with requirements for quality assurance in relation to construction monitoring which was also the subject of the dispute between the parties.

This determination considers the authority’s decision to refuse to issue a certificate of acceptance for remedial work to a membrane roof and parapets. The determination reviews the reasons given for the refusal and discusses the lack of inspections, the information that was before the authority at the time of its decision, and whether the building work was exempt from the requirement to obtain a building consent.

Where a building certifier registered under the former Act ceased operating before the code compliance certificate was issued. Discussed whether there is sufficient evidence to establish the building work complies with the Building Code that applied at the time the building consent was granted, and what is the appropriate regulatory action by the authority and what certificate is to be issued.

This determination considers the authority's refusal to issue a certificate of acceptance for building work associated with a dwelling, that was carried out without building consent. The authority considered that Building Code clauses B1 Structure, B2 Durability, E2 External Moisture, G2 Laundering, G9 Electricity, G12 Water Supplies and H1 Energy Efficiency were not met. The determination considers the reasons for refusal set out in the authority’s refusal letter and subsequent report.

The matter to be determined, under section 177(1)(b) and (2)(f), is whether the authority was correct in its decision to issue a notice to fix for the owners’ structure. In deciding this matter, I must consider whether the structure was exempt from requiring a building consent under Schedule 1 of the Act, and whether the authority had sufficient evidence to consider on reasonable grounds that the building work did not comply with the Building Code.