2023/034: An authority's decision to issue a notice to fix for a change of use of a building - 20 Morrin Str, Ellerslie, Auckland 1051
- Abbreviation
- 2023/034
- Valid from
- 15/11/2023
- Information provider
- Ministry of Business, Innovation and Employment,
- Author
- Ministry of Business, Innovation and Employment
- Information type
- Determination,
- Format
- PDF,
Description
This determination considers an authority’s decision to issue a notice to fix under section 164 of the Building Act 2004. The determination turns on whether there has been a ‘change of use’ of a building for the purposes of the Act.
Conclusion:
The building had, by the date of the authority’s inspection, undergone a ‘change of use’ for the purposes of sections 114 and 115 because:
- the building’s use group, according to the Change the Use Regulations, had changed from SH to SA, and
- the new use group has more onerous or additional Building Code requirements than the old use group.
The owners did not provide the authority with written notice of the change of use, as required by section 114(2)(a) or receive prior approval from the authority for the change of use as required by section 115(b).
Decision:
In accordance with section 188 of the Building Act 2004, it was determined that by 17 October 2019 the building had undergone a change of use contrary to the requirements in section 114 and 115. It was confirmed the authority’s decision to issue the notice to fix.