Description

This determination arose from the decision of the authority to issue notices to fix for cladding alterations to the building because the work was carried out without a building consent and it was not satisfied that it complied with certain clauses of the Building Code.

The matter determined was whether the authority was correct to issue the notices to fix for the building .

It was considered:

1. Whether the issue of notices to fix was the appropriate statutory mechanism to be applied if the buildings were dangerous or insanitary;
2. Whether the altered wall cladding complied with Clause B2 Durability and Clause E2 External Moisture;
3. Whether various other items identified by the authority in the notice to fix complied with the relevant clauses of the Building Code.

Notices to fix were also issued for alterations carried out to five chalets in the same development. Although the owners of the building were part of the same application, the notices to fix for the chalets are considered separately in Determination 2010/65.