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Note: This determination was subject to appeal to the District Court, where one conclusion was confirmed and one conclusion was overturned. Appeal judgment  [PDF 6.4MB].

This determination considers whether a structure that has some features of a vehicle is a "building" under section 8 of the Building Act, and therefore whether the authority can issue a notice to fix for construction of the unit without building consent. The determination discusses factors to consider when deciding if the unit is a "vehicle", and if it is "immovable" and "occupied on a permanent or long-term basis".

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers whether automatic pool covers that comply with the ASTM Standard F1346-91 comply with Clause F9 (Restricting access to residential pools) of the Building Code and section 162C of the Building Act. The determination also discusses waivers and modifications, and exemptions that have been...

This determination is about matters associated with the fitout of a café kitchen located on the ground floor of a three-storey building.  The determination considers the installation and compliance of solid fuel cooking appliances installed in the café kitchen as part of the consented work, and the compliance of the ventilation system to the kitchen.

Discussed whether the external building envelop complies with Clause B2 Durability and Clause E2 External Moisture of the Building Code in force at the time consents were issued (under transitional provisions of the current Act section 436(3)(b)(i)).

This determination looks at building work to install two tiled showers to an existing dwelling.

The matter being determined is whether there was a failure to issue a notice to fix in relation to this work.

The determination considers if there was a requirement to obtain building consent before carrying out the work and whether the completed work complies with the requirements of Building Code Clause E3 Internal Moisture.

This determination considers an authority’s proposal to issue a notice to fix for what it considers is building work that has been carried out without building consent.

The matter concerns transportable dwellings, and the determination considers whether these are vehicles or buildings that come within the ambit of the Building Act.

Note: This determination was subject to appeal. The Determination was confirmed by the District Court. 

Read the appeal judgement