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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.

This determination considers the authority’s decision to issue a notice to fix for a contravention of section 40, for building work to replace external cladding without building consent.

The determination discusses whether the building work to replace the cladding is exempt from building consent under clause 1 of Schedule 1 of the Act, in particular, whether the cladding is ‘comparable’.

This determination considers an authority’s decision to issue a notice to fix for a timber deck constructed without building consent in contravention of section 40.

The determination considers whether the work was exempt from the requirement to obtain building consent under clause 24 of Schedule 1 of the Building Act, turning on the height of fall from the deck.

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.

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