2025/054: The authority’s decision to issue a notice to fix for replacing cladding without building consent - 2/86 Coronation Road, Hillcrest, Auckland
- Abbreviation
- 2025/054
- Valid from
- 31/10/2025
- Information provider
- Ministry of Business, Innovation and Employment,
- Author
- Ministry of Business, Innovation and Employment
- Information type
- Determination,
- Format
- PDF,
Description
This determination considers the authority’s decision to issue a notice to fix for a contravention of section 40, for building work to replace external cladding without building consent.
The determination discusses whether the building work to replace the cladding is exempt from building consent under clause 1 of Schedule 1 of the Act, in particular, whether the cladding is ‘comparable’.
Decision
In accordance with section 188 of the Building Act 2004, it has been determined that the authority described the incorrect basis to issue the notice to fix (NOT21744089) dated 14 October 2024, for a contravention of section 40, accordingly the notice was deficient in its particulars and remedies, and the notice to fix has been reversed on this basis.