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This determination considers a notice to fix issued for building work carried out without first obtaining a building consent, in contravention of section 40 of the Building Act.

The determination discusses the particulars required in a notice to fix for a section 40 contravention.

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. 

This determination considers an authority’s decision to issue a notice to fix for contravention of sections 40 and 17 of the Building Act 2004.

The determination considers whether the unit as modified is a vehicle or a building, and whether it complies with Building Code clauses D1, E2 and G13.

This determination considers a notice to fix issued by the authority for an alleged contravention of section 40 in carrying out work without a building consent in relation to the temporary relocation of a building on site.

This determination considers two successive notices to fix alleging the owner has carried out building work in a sleepout without first obtaining a building consent in contravention of section 40 of the Building Act.

The determination discusses the form and content of the notices, including whether the details were correct and the timeframes were reasonable.