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2023/024: Regarding the authority's proposed decision to refuse to issue a building consent in respect of the location of a pool barrier.

This determination considers the authority's proposed decision to refuse to issue a building consent for a pool house as compliance with clause F9 of the Building Code, Restricting access to residential pools, had not been demonstrated due to the lack of a barrier between the pool house and pool. The determination considers whether a pool house with bathroom, gym, changing facilities, kitchen/bar, lounge and roof deck, as well as rear patio area can be considered part of the immediate pool area.

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Planning a successful build

If you’re building or renovating, find out how to meet your legal obligations as a homeowner, owner-builder or building professional. Once you’ve scoped your project thoroughly, you’ll be able to work out whether you need any consents or specific tradespeople. Protect yourself and your contractors with contracts and insurance.

Regulation 5 – Requirements for policies, procedures and systems

Building consent authority policies, procedures and systems must be appropriate for purpose, and consistently and effectively implemented.

Completing your project

Final steps to complete your build, from checking for defects to council sign-off (plus essential product information).

2026/004: An authority’s decision to issue two notices to fix for building work carried out without consent

This determination considers an authority’s decision to issue two notices to fix for building work carried out at the owners’ property.

The notices allege contraventions of section 40 for building work carried out without consent, sections 114 and 115 for a change of use, and section 17 for non-compliance with the Building Code.

As part of the section 40 assessment, the determination considers whether the building work included in the notice to fix was the subject of a certificate of acceptance and whether it was exempt under Schedule 1. 

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Practice Advisory 10: Design guidance for barriers

Guidance on designing barriers according to Amendment 8 of Verification Method B1/VM1 for B1 Structure.

2024/016: The issue of a notice to fix for building work associated with a two storey sleepout building with sanitary fixtures

This determination considers the issue of a notice to fix for building work associated with a two storey sleepout building with sanitary fixtures. The determination considers whether the building work was exempt from the requirement to obtain a building consent under Schedule 1, and whether adequate particulars were set out in the notice to fix (in regards to both section 40 and section 17). It also discusses several issues relating to the notice to fix framework.

About this document

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: