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2026/038: An authority’s decision to issue a notice to fix for building work to an apartment deck

This determination relates to a notice to fix where the authority considered that work on a Unit’s existing deck and door threshold, and the installation of a new rainwater head and downpipe from the deck, undertaken without a building consent, was building work regulated under the Building Act.

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

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2025/033: An authority’s decision to issue a notice to fix for the construction of roof flashings and external wall cladding

This determination considers an authority’s decision to issue a notice to fix regarding building work carried to construct ‘roof flashings and wall cladding systems’ at a new two-storey detached dwelling.

The determination considers the form and content of the notice to fix including the specified persons to whom it was issued, the particulars of contravention or non-compliance, and the associated remedy.

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Stopping draughts

Stop draughts to keep the warm air inside your home, and not let cold air in

2016/029: Regarding the issue of a notice to fix for three cabins constructed without building consent

This determination considers three cabins constructed for the use of sleeping accommodation at an ashram and whether the building work was exempt from the requirement to obtain building consent under Schedule 1. The determination discusses the definition of the term “dwelling” as it relates to Schedule 1(3)(d).

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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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2025/029: An authority’s decision to issue three notices to fix for building work done without a building consent.

This determination considers three notices to fix for building work that was carried out without building consent.  The determination considers whether the building work was exempt under Schedule 1 of the Act.

It also considers the form and content of the notices to fix, including the particulars of the contraventions and who the notices were issued to.

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2025/014: An authority’s decision to issue a notice to fix for a detached toilet building

This determination considers a notice to fix alleging the owner has carried out building work without building consent in contravention of section 40 of the Building Act.

The determination considers the exemption contained in clause 7 of Schedule 1 of the Act, the evidential threshold required for a notice to fix to be issued, and the remedies in the notice.

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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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2026/009: An authority’s decision to issue a notice to fix for building work at a residential property

This Determination is subject to appeal.

This determination considers an authority’s decision to issue a notice to fix for a contravention of section 40 in relation to several items of building work.

It considers whether a notice to fix can be issued for work which has been completed at the time the notice is issued, and whether an authority must know when the building work occurred. The determination also considers the remedies in the notice to fix.

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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: