Recent determinations — April 2026
Determinations are legally binding decisions made by the Ministry of Business, Innovation and Employment (MBIE). They are for matters of doubt or dispute to do with building work outlined in the Building Act and the Building Code.
For further information about determinations, visit the Building Performance website.
Previous determinations(external link) — Building Performance
2026/008: The authority’s decision to issue a notice to fix for a building constructed without building consent
This determination considers the authority’s decision to issue a notice to fix for a contravention of section 40 of the Building Act 2004, relating to building work carried out without building consent.
The determination focuses on whether the building work required building consent, in particular whether the work was exempt under Schedule 1, clause 3B, with specific consideration of the meaning of “not more than 1 storey” and the relationship between the floor level and the supporting ground.
2026/009: An authority’s decision to issue a notice to fix for building work at a residential property
This determination considers an authority’s decision to issue a notice to fix for a contravention of section 40 in relation to several items of building work.
It considers whether a notice to fix can be issued for work which has been completed at the time the notice is issued, and whether an authority must know when the building work occurred. The determination also considers the remedies in the notice to fix.