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2018/026: Issue of a notice to fix in respect of building work undertaken without building consent

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Date issued: 14 June 2018
Primary topic:: Access
Council:: Auckland Council

Summary

Note: This determination is subject to clarification

This determination considers a notice to fix issued for the rebuilding, without a building consent, of a small extension or lean-to attached to a house. The matter turns on whether the components or assemblies replaced in the rebuilding of the structure were in the same position such that they were exempt under Schedule 1from the requirement for a consent, and whether the notice to fix was correctly issued.

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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:

with compliance with the Building Act, it is published under section 175 of the Building Act
with a Weathertight Services claim, it is published under section 12 of the Weathertight Homes Resolution Services Act 2006.

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