Description

This determination considers whether there was a change of use in relation to a building that was used for emergency housing, where previously it had been used as tourist accommodation.

More specifically, the determination considers whether the use group changed from 'sleeping accommodation' to 'sleeping residential' and, if so, whether that resulted in additional or more onerous Building Code requirements.

Conclusion:

The part of the building used for emergency housing had, by 24 January 2022, undergone a 'change of use' for the purposes of the Act because:

• the building's use group, as appears in the Change of Use Regulations, had changed from SA to SR
• the new use has Building Code requirements whichare additional to, or more onerous than, the old use.

Decision:

In accordance with section 188 of the Building Act 2004, it was determined that the authority was correct in its proposal, on or about 24 January 2022, to issue a notice to fix under section 164 to the landlord for failing to comply with the Building Act 2004.