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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.

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2025/039: Regarding a notice to fix issued for a unit the owners consider is a vehicle

This determination concerns the issue of a notice to fix for a unit the owners consider is a vehicle.

The unit was moved to the property and connected to services. The determination considers the content of the notice to fix issued for carrying out building work without building consent.

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2019/057: Regarding the issue of a notice to fix for building work carried out without a building consent and over a property boundary

This determination considers the decision to issue a notice to fix for the construction of a storage building made up of relocated shipping containers and a roof. The authority is of the view that building work has been carried out which required building consent and therefore there has been a contravention of Section 40. As the building crosses a boundary into an adjacent allotment, the authority is also of the view there has been a contravention of section 75. This determination also discusses whether the containers have undergone a change of use.

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2025/059: The decision to issue two notices to fix for contraventions of section 40

This determination considers the authority’s decision to issue two notices to fix for building work to enclose an existing deck and whether the building work required building consent. 

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2025/019: The issue of a notice to fix for building work carried out without a building consent

This determination considers an authority's decision to issue a notice to fix to property owners regarding two self-contained units constructed on their land.

The owners disputed the notice, arguing that the units were vehicles, not buildings, and therefore did not require building consent.

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2015/026: Regarding the issue of a notice to fix and whether a prefabricated unit is a building or a vehicle

Discussed whether the prefabricated unit is a vehicle, and whether it falls within the definition of a building under section 8 (1) (a) of the Building Act. Also discussed whether the relocation of the unit constituted building work and could be subject to a notice to fix.

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2013/055: Regarding the issue of notices to fix in respect of two units and a deck

N/A

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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: