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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 two successive notices to fix alleging the owners carried out building work to construct a sleepout without building consent, when consent was required, in contravention of section 40 of the Building Act.

The determination discusses whether the building work was exempt from the requirement to obtain a building consent under Schedule 1 of the Act, and the form and content of the notices.

This determination considers the authority’s decision to issue a notice to fix for an alleged contravention of section 40 of the Act in relation to the construction of a deck.

This determination also considers whether the building work for the deck is exempt from the requirement to obtain a building consent under clause 24 of Schedule 1 of the Act.

This determination further considers the form and content of the notice to fix.

This determination considers the authority’s decision to issue a notice to fix for a contravention of section 40 of the Building Act 2004, relating to building work carried out without building consent.

The determination focuses on whether the building work required building consent, in particular whether the work was exempt under Schedule 1, clause 3B, with specific consideration of the meaning of “not more than 1 storey” and the relationship between the floor level and the supporting ground.

This determination considers an authority’s decision to issue three successive notices to fix relating to whether a house has undergone a change of use in contravention of sections 114 and 115 of the Building Act.

This determination also considers whether the owner has carried out building work on a garage without first obtaining a building consent in contravention of section 40.

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.