Don't panic — but don't ignore it either. A Notice to Fix is serious, but it's fixable. We help Far North property owners understand what council is asking for, what your options are, and the most efficient path to getting it resolved.
A Notice to Fix is a formal notice issued under section 164 of the Building Act 2004. It means council has identified building work or a building that doesn't comply with the Building Code or building consent conditions.
A Notice to Fix is not a suggestion — it's a formal requirement to bring your building or building work into compliance. It specifies what's wrong and gives you a timeframe to fix it.
An unresolved Notice to Fix appears on your Land Information Memorandum (LIM) report. This can significantly affect your property's value and ability to sell. Resolving it removes it from the LIM.
Your notice will specify a timeframe for resolution. This varies from 14 days to several months depending on severity. If you can't meet it, contact council before it expires to discuss an extension.
If you believe the notice is unreasonable or incorrect, you can apply to MBIE for an independent determination. We can help you assess whether that's the right approach for your situation.
These are the most common issues we see in the Far North that trigger a Notice to Fix from FNDC.
Work that was done without the required building consent — additions, alterations, new structures. This is extremely common, especially with older properties that have had work done over the years. You may need a Certificate of Acceptance to resolve it.
Building work that was inspected and didn't meet the Building Code requirements. This could be structural, weathertightness, plumbing, electrical, or fire safety issues.
Building work that has a consent but hasn't met all the conditions — missing inspections, incomplete documentation, or work that deviates from the approved plans.
An existing building that no longer meets minimum Building Code requirements — typically structural, fire safety, or sanitary issues that create a risk.
A clear process to get from notice to resolution
Send us your Notice to Fix and we'll review it. We'll explain exactly what council is asking for, what the issues are, and what your options are — in plain English, not council-speak.
We identify the most practical and cost-effective path to resolution. Sometimes there's a simpler fix than what the notice initially suggests. If a determination (challenge) is appropriate, we'll advise on that too.
We prepare a clear plan addressing each issue in the notice. This may include getting specialist reports, preparing consent applications, or coordinating remedial work — whatever is needed.
We handle all communication with FNDC on your behalf — submitting documentation, requesting extensions if needed, and coordinating inspections. We know how to work with council to keep things moving.
Once all issues are addressed and council is satisfied, the Notice to Fix is formally resolved and removed from your LIM. Your property is clear.
Ignoring a Notice to Fix doesn't make it go away — it escalates. Council can issue infringement fines, apply for compliance orders through the District Court, or in serious cases issue a dangerous building notice restricting access to your property. The longer you leave it, the more expensive and difficult it becomes to resolve. Act early.
Get Help TodayThe timeframe is stated on the notice itself and varies depending on severity — from 14 days to several months. If you can't meet the deadline, contact council before it expires to discuss an extension. Don't just let the deadline pass.
Yes. An unresolved Notice to Fix appears on your LIM report, which every buyer and their lawyer checks. It can significantly affect your property's value and make it harder to sell or refinance. Getting it resolved clears it from the LIM.
Technically yes, but the Notice to Fix will appear on the LIM and most buyers will either walk away or demand a significant price reduction. Many lawyers will advise their clients against purchasing. It's almost always better to resolve it before selling.
Yes. You can apply to MBIE (Ministry of Business, Innovation and Employment) for an independent determination under section 177 of the Building Act. This reviews whether the notice was correctly issued. We can help assess whether this is the right approach for your situation.
Generally, the current owner is responsible for resolving a Notice to Fix, even if the non-compliant work was done by a previous owner. You may have legal recourse against the seller depending on your sale and purchase agreement and what was disclosed. Get the notice resolved, and seek legal advice on recovery separately.
A Notice to Fix is issued under the Building Act for building compliance issues. An abatement notice is issued under the Resource Management Act for resource consent or environmental compliance issues. Different legislation, different processes — but both need to be addressed promptly. We can help with either.
Call us now — we'll review your notice and explain your options. No obligation.
