2015/077: Regarding the authority's exercise of its powers of decision in requiring notice of a change of use
- Valid from
- Information provider
- Ministry of Business, Innovation and Employment
- Information type
This determination arises from the decision of the authority to issue a field advice notice requiring the applicants to either: remove the kitchen, cooking and laundry facilities from the flat and apply for a change of use to convert the flats use to a sleepout, or to install fire safety systems.
The authority is concerned that there is not sufficient fire separation between the house and the adjoining flat, and the authority is also of the opinion that the building work to connect the house to the flat was carried out without a building permit or building consent.
The matter to be determined is therefore:
- whether the authority was correct in its decision to require the owners to give written notice of a change of use under section 114;
- whether the building complies with the Building Code in regard to fire safety to the extent that was required when the building work was carried out;
- the failure of the authority to exercise its power of decision in not issuing a dangerous building notice under section 124.