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2024/002: The issue of a notice to fix for building work on an existing building’s foundation

This determination relates to a notice to fix where the authority considered that building work had been undertaken without a building consent and not in accordance with the building code, breaching Sections 40 and 17 of the Building Act 2004. The determination considers whether the building work was exempt from the requirement to obtain building consent, and discusses the remedies provided for in the notice.

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2017/030: Two notices to fix issued in relation to a relocated house and shed

This determination concerns two notices to fix: one issued in relation to foundations and flooring constructed for a shed without building consent and the other for work to reclad a relocated house. The determination discusses the scope of the building work covered by the building consent for the relocated house, the extent of compliance required by the Act, and whether the building work complies.

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2023/029: An authority's refusal of an application for a discretionary exemption from the requirement to obtain a building consent

This determination considers an authority's decision to refuse an application for a discretionary exemption from the requirement to obtain building consent, under clause 2 of Schedule 1 of the Building Act 2004. The determination considers the authority’s reasons for refusal, and whether a discretionary exemption can be considered after the building work has been completed.

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2024/056: An authority’s decision to issue a notice to fix in relation to building work at a residential property

This determination considers an authority’s decision to issue a notice to fix in relation to several items of building work.

The determination considers whether the building work was exempt from the requirement to obtain a building consent.

The determination also considers the remedies in the notice to fix, and other points raised relating to the notice to fix provisions in the Building Act.

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2024/046: The issuing of two notices to fix for a newly constructed indoor playground

This determination considers decisions by an authority to issue two notices to fix regarding a newly constructed indoor playground comprising four separate structures. The determination considers the form and content of the notices, and whether there were grounds to issue the notices, including whether the building work was exempt from the requirement to obtain a consent, and whether the playground complies with Building Code Clause B1 Structure.

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2025/012: The issue of a notice to fix for building work carried out without building consent

This determination considers an authority’s decision to issue a notice to fix for work it considered was building work carried out without a building consent when one was required.

The dispute centres on whether the work that was carried out is building work regulated under the Building Act and for which a notice to fix could be issued.

The determination also considers the form and content of the notice to fix.

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2021/002: Regarding the proposed refusal of an amendment to a building consent relating to an intermediate floor in a new building

This determination considers whether a building consent authority was correct to propose to refuse an amendment to a building consent. This was due to a dispute with the owner over the maximum allowable area of an intermediate floor used for the storage of materials associated with a manufacturing, servicing and repair business. The determination considers the change in the intended use of the building during the course of the building work from a “warehouse” to a “workshop”, the means of compliance, and the area of the intermediate floor.

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2025/018: The authority’s decision to issue a notice to fix for several container and canopy structures that were constructed without building consent

This determination considers the authority’s decision to issue a notice to fix for several container and canopy structures that were constructed without building consent.

The determination considers whether the building work was exempt from requiring a building consent under clause 4 of Schedule 1, which applies to unoccupied detached buildings. The determination also considers the form and content of the notice.

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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: