Description

Regarding the issuing of a notice to fix for repairs to a house at 12A Commons Avenue, Mount Maunganui

Scope

This determination arises from the decision of the authority to issue a notice to fix for building work carried out to the house without building consent being obtained. The authority was not satisfied that the building work complied with Clauses B1 Structure, B2 Durability and E2 External moisture of the Building Code (First Schedule, Building Regulations 1992).

The matter to be determined therefore is whether the authority correctly exercised its powers of decision when it issued the notice to fix. In making this decision I must consider: whether the building work carried out required building consent or was exempt under Schedule 1(a); and whether the building work carried out without consent complies with Clauses B1, B2 and E2 of the Building Code.

I have not considered any other building elements or other clauses of the Building Code in this determination.