Previous determinations

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.  

This determination considers an authority’s refusal to issue a building consent for conversion of one level of a multi‐storey building from commercial to residential use.

It considers the reasons for the refusal under section 50 of the Building Act 2004, and provides comments on section 115 decision‐making.

This determination considers the compliance with Building Code Clause D1 Access Routes of an external step to a toilet facility constructed as part of a new warehouse building. 

The determination considers whether the step is on an access route and whether it complies with clause D1.3.3(i).

This determination concerns an authority’s decision to refuse to grant an application for a building consent to install a new lift into an existing two‐storey commercial building.

The determination considers the authority’s reasons for the refusal and whether the new lift complies with the Building Code clause D2 if required by clause D1.3.4. The determination will also consider whether to grant a waiver or modification in respect of those clauses.

This determination considers an authority’s proposed refusal to grant a building consent for two multi-unit buildings.

The determination considers the application of Acceptable Solution C/AS1 paragraph 5.1.1 for the proposed external wall design in relation to control of external fire spread.