Previous determinations

This determination considers the authority’s decision to require a building consent for work carried out to a relocated dwelling to extend a kitchen into an area that was previously an enclosed veranda and close in an area that was previously the entrance to a back door. The decision turns on whether the building work falls within the scope of building work exempt under clause 15 of Schedule 1 of the Building Act 2004 from the requirement to obtain building consent.

This determination considers whether the building consent authority was correct in the exercise of its power of decision to issue a notice to fix for a construction of a garage to replace an existing garage without first obtaining a building consent. This determination will turn on whether the building work to construct the garage is exempt under Schedule 1, clause 7 of the Building Act.

This determination considers the authority's decision to issue a notice to fix for building work carried out in contravention of section 40 of the Building Act (building work not to be carried out without building consent). In deciding this, consideration is given to whether the building work falls within the exemption outlined in Schedule 1(7) of the Act. This determination also considers the authority's decision to refuse to issue two discretionary exemptions applications under Schedule 1(2) of the Act (exemption from the requirement to obtain a building consent.

This determination considers whether the authority was correct to refuse to grant a discretionary exemption under Schedule 1(2) for additional plumbing fixtures and the insulation of an external wall. The determination discusses what an authority considers when deciding to grant a discretionary exemption under Schedule 1(2).

This determination concerns a low retaining wall located near a boundary that was constructed without building consent, where a driveway was subsequently built near the top of the retaining wall on the neighbouring property. The determination considers whether the retaining wall was subject to a surcharge or load from vehicle traffic at the time of its construction, and whether the wall was exempt from the requirement for a building consent under Schedule 1 of the Building Act.

This determination considers the authority’s refusal to grant an exemption from the requirement to obtain a building consent under Schedule 1(2)(a) for seismic strengthening work. The determination discusses the types of matters that an authority must turn its mind to when considering whether to grant an exemption and the information provided in this case that would allow the authority to consider an application for an exemption. 

This determination considers building work done without consent to an existing house: the building work included the replacement of insulation and external wall cladding, installation of jack trusses, and affixing cladding over an existing cladding. The determination discusses whether the building work was exempt from the need to obtain a building consent under Schedule 1 of the Building Act, the drafting of the notice to fix and the remedies, and whether a building consent authority can withdraw a notice to fix.

This determination considers building work done without consent to an existing workshop in a commercial building: the building work included installing storage racks and internal partitions, and the installation of sanitary and kitchen facilities. The determination discusses whether the work was exempt from the need to obtain a building consent under Schedule 1 of the Building Act, and whether the building had undergone a change of use.