Previous determinations

The authority has refused to issue a code compliance certificate for building work carried out pursuant to building consent because it is not satisfied that the cladding system that formed part of the building work complied with clauses B2 and E2 of the Building Code at the time it was constructed.

The authority’s formal refusal letter, when read together with an accompanying email referring to the reasons for refusal, had provided sufficient reasons for refusing to issue the code compliance certificate. 

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.

This determination is subject to appeal.

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.

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.

This determination considers an authority's decision to grant a building consent under section 72 for a new building on land adjacent to a neighbouring property that is subject to the natural hazard of slippage.

The matter turns on whether the neighbouring land is intimately connected with the land on which the building work is being carried out. 

This determination considers an authority’s decision to refuse to issue a code compliance certificate for the construction of a two‐storey detached dwelling.

The determination considers the reasons for the refusal and whether they meet the requirements of section 95A of the Building Act 2004.

This determination considers an authority’s decision to grant an application for a building consent amendment subject to a condition imposed under section 75(2).

The matter concerns building work which crosses the boundary between two allotments held by the same owners under one fee simple record of title.

This determination considers an authority’s decisions to issue two notices to fix.

The determination considers whether the owner’s house had undergone a change of use in contravention of sections 114 and 115 of the Building Act 2004.

It also considers whether two tents installed on the property were exempt from the requirement to obtain a building consent under Schedule 1 of the Building Act.

This determination considers whether a new retaining wall close to some existing retaining walls and the boundary between two properties complies with the provisions of Building Code Clause B1 Structure and the protection of other property.

The matter turns on whether the new retaining wall relies on the existing retaining walls located on other property for compliance, and whether the new retaining wall imposes a surcharge on the existing retaining walls and, if a surcharge is imposed, whether this affects the ongoing compliance of the existing retaining walls.

This determination considers an authority’s decision to issue a notice to fix under section 164 of the Building Act 2004.

The determination turns on whether there has been a ‘change of use’ of a building for the purposes of the Act.