Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding, but only in relation to each case.
Previous determinations may provide some useful guidance for those faced with similar problems, but note that individual circumstances may vary.
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This determination considers whether the building has undergone a change of use and the exercise of the authority's powers in issuing a notice to fix for failure to notify the change of use. The determination considers the use category and whether compliance requirements in the new use are additional or more onerous than the requirements related to the old use.
This determination considered whether a change of use had occurred and whether the authority was correct to refuse to grant an exemption under Schedule 1(2).
Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Auckland Council v Jayashree Limited (District Court, Auckland, 14 February 2019, CIV-2018-004-00820).
Read appeal judgement [PDF 503KB].
This determination considers whether the authority was correct to issue a notice to fix in regard to unconsented building work and a change of use from a single house to sleeping accommodation. The determination also considers the authority’s decision regarding the certificate of acceptance.
This determination considered whether there was a change of use for the purpose of sections 114 and 115, in regard to building work carried out to increase the number of bedrooms in a building to 12.
Note: This determination is subject to clarification.
This determination discusses the assessment required under section 115 when there is a change of use to only part of a building, particularly in respect of Building Code clause B1 Structure and whether a detailed seismic assessment is required for the whole building.
This determination considers whether the building in its proposed use will comply with the Building Code in regards to fire safety, laundering, and food preparation. The determination discusses the proposed use of the building and whether there will be a change of use under the Regulations.
This determination involves building work that was carried out without consent to a double garage built across the boundary of two properties to install an ensuite, kitchen unit and bedrooms in each. The determination discusses the use under the Regulations before and after the building work and whether there was a change of use, the grounds for refusing to issue a certificate of acceptance, and the issuing of multiple notices to fix.
The building work involved alterations carried out without building consent being obtained to increase the number of bedrooms in a house to 13. The intention was for the rooms to be individually let. The determination considered whether there was a change of use for the purpose of sections 114 and 115, and it also discusses whether the building work required building consent.
This determination was subject to a clarification
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:
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