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Practice Advisory 17: Well-planned ground investigations can save costs

Why a well-devised, specific site geotechnical investigation is a key requirement for good building performance.

2024/043: Regarding the purported refusal of a building consent.

This determination considers an authority’s purported decision to refuse to grant a building consent for an extension to an existing shed. The determination considers the authority’s requirement for a geotechnical report prepared by a Chartered Professional Engineer with a practice field in geotechnical engineering.

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Clients and problems that may occur

Keep clients informed to reduce misunderstandings and hopefully minimise problems.

2018/004: Refusal to issue a code compliance certificate for an 11-year-old house with monolithic cladding

This determination is concerned with the compliance of an 11-year-old house.  The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2021/004: Regarding the proposed decision to grant a building consent conditional on a natural hazard being recorded on the property title

This determination discusses the correct interpretation of the natural hazards provisions in the Building Act (sections 71 to 74). It considers whether measures to mitigate a rockfall natural hazard constitute “adequate provision” to protect the land and buildings from the hazard.

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2017/006: Refusal to issue a building consent for the change of use from commercial to residential of one level in a multi-level building

Note: This determination is subject to clarification.This determination discusses the assessment required under section 115 when there is a change of use to only part of a building, particularly in respect of Building Code clause B1 Structure and whether a detailed seismic assessment is required for the whole building.

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2022/025: Regarding the compliance of an existing pool barrier under section 162C

This determination considers an existing swimming pool barrier, comprised partly of the south wall of a dwelling and a garage wall, and whether it complies with section 162C of the Building Act 2004. The determination also discusses whether the doors on the south wall of a dwelling were included in an exemption granted under the Fencing of Swimming Pools Act 1987. The determination also considers whether the area encompassed by the south wall of a dwelling (the rear yard) can be considered to comprise the immediate pool area.

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Modification of the durability periods described in Clause B2.3.1

Compliance with B2 is essentially achieved when the building is substantially complete, with the durability period start

2025/048: An authority’s decision to issue a notice to fix for a change of use

This determination considers an authority’s decision to issue a notice to fix for a change of use of the building. The authority considered that the use had changed from IA (Industrial Low) to SH (Sleeping Single Home). The determination considers whether there were grounds for the issue of the notice, the particulars and remedies contained in the notice, and whether the owner is a ‘specified person’.

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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:

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