Description

This determination considers compliance of building work that encroached across the boundary between two properties with Building Code Clauses B1 Structure, B2 Durability and C3 Fire affecting areas beyond the fire source.

The determination also considers the authority’s decisions to grant the original building consent, an amendment to that consent, and subsequent issue of the code compliance certificate, and the authority’s alleged failure to issue a notice to fix.

Decision:

In accordance with section 188 of the Building Act 2004, it was determined:

1. The building work to construct the concrete driveway and parking bay, concrete block retaining wall, and timber vehicle deck complies with Building Code clauses B1 and B2.
2. The building work to the timber vehicle deck and barrier complies with Building Code clause C3 to the extent required by the Act.
3. The authority was incorrect in its decision to grant building consent in relation to the building work on the applicant's property. However, for the reasons set out at paragraphs 6.59-6.65, it has been elected not to confirm, reverse or modify that decision.
4. The authority was incorrect in its decision to grant the third amendment to the building consent in relation to the building work on the applicant's property. However, for the reasons set out at paragraphs 6.59-6.65, it has been elected not to confirm, reverse or modify that decision.
5. The authority was incorrect the code compliance certificate in relation to the building work on the applicant's property. So that decision has been reversed.
6. The authority did not fail to issue a notice to fix for the building work carried out on the applicant's property when it was identified that the building work encroached on the applicant's property.