Description

This determination considers an authority’s decision to refuse to provide written notice for a change of use under section 115 of the Building Act.

The proposed change of use was refused because the authority considered a building consent application was required.

The determination also considers whether the installation of fire-rated linings and associated framing is exempt building work under Schedule 1 of the Act.

Decision:

In accordance with section 188 of the Building Act 2004, the Ministry of Business, Innovation and Employment reverses the authority's decision to refuse the notification of change of use.

This required the authority to make a new decision which considers whether the building, in its proposed new use, will comply with the Building Code to the extent required under the section 115.