2025/062: An authority’s decision to issue a notice to fix for a timber deck constructed without building consent - 8 Onepoto Road, Hauraki, Auckland
- Abbreviation
- 2025/062
- Valid from
- 11/12/2025
- Information provider
- 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 for a timber deck constructed without building consent in contravention of section 40.
The determination considers whether the work was exempt from the requirement to obtain building consent under clause 24 of Schedule 1 of the Building Act, turning on the height of fall from the deck.
Decision
In accordance with section 188 of the Building Act 2004, it has been determined that there were no grounds to issue the notice to fix (NOT21787618) in relation to the construction of the deck for a contravention of section 40 of the Act, as the work falls within Schedule 1 of the Act so building consent was not required. Accordingly, the authority's decision to issue a notice to fix has been reversed.