Previous determinations

Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding, but only in relation to each case.

Previous determinations may provide some useful guidance for those faced with similar problems, but note that individual circumstances may vary.

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1721 Determinations match your query
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2020/003: Whether a consented apartment building with a single escape route requires smoke lobbies on the ground floor

This determination considers the granting of a building consent and whether a proposed three-storey apartment building with a common stairwell requires smoke lobbies in the ground floor apartments in order to comply with the Building Code by means of the Acceptable Solution C/AS2. The ground floor apartments have alternative egress routes and the common stairwell is the single escape route for the occupants of upper floors.

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2020/002: Regarding the consented alterations to the walls and roof of a house and its compliance with Building Code Clause B1

This determination considers whether alterations to the walls and roof of a house comply with Building Code Clauses B1 Structure, E2 External moisture and F7 Warning systems. The determination also considers whether changes to the consented building work can be considered a minor variation to the building consent, and the issue of the code compliance certificate for the alterations.

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2020/001: Regarding the compliance of a pool barrier to the extent required by section 162C of the Building Act

This determination considers the compliance of an existing pool barrier to the extent required under section 162C of the Building Act. The matter turns on whether the area enclosed by the pool barrier can properly be considered the "immediate pool area" and whether the doors opening into the immediate pool area comply.

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2019/070: Regarding the authority's decision to refuse to split a building consent for townhouses

This determination considers the authority's refusal to split a building consent, for building work to construct five townhouses that has already been completed, to allow one owner to pursue a code compliance certificate separately from the other owners.  The determination discusses the framework for considering an application to split a building consent issued under the Building Act 1991, and whether assessment for compliance occurs when the consent is split or when a code compliance certificate is applied for.

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2019/069: Regarding the need for a compliance schedule for a cable car servicing a residential dwelling

Note: This determination is subject to appeal.

This determination considers whether the owner of a cable car built in 2000 (servicing the owner’s house) was required to obtain a compliance schedule for the cable car, given there was no such requirement when the cable car was built. The determination also considers how to interpret the requirement for the compliance schedule to include performance standards for the cable car. 

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2019/068: Regarding the issue of an earthquake-prone building notice for a multi-unit, multi-storey apartment building

This determination considers the issue of an earthquake-prone building notice for a six storey reinforced concrete residential building.  The determination considers the process the authority followed in issuing the notice, and process as prescribed in the legislation and the earthquake-prone building methodology.

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2019/067: The decision to grant a building consent subject to notification under section 73 for a site adjacent to a coastal estuary

This determination considers whether land adjacent a coastal estuary is subject to a natural hazard; the hazard being inundation by rising sea level and by surface water flooding.  The applicants have built a house on the land under a building consent issued with section 73 condition.  The house has been specifically designed to mitigate the potential effects of any flooding on the building and the land.

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2019/066: The refusal to issue a code compliance certificate in respect of two sides of an above-ground pool acting as the pool barrier

This determination considers the authority’s purported refusal to issue a code compliance certificate for two sides of an above-ground pool acting as the pool barrier, which were not constructed in accordance with the building consent.  The determination discusses the compliance of the pool walls as a pool barrier with Clause F4 Safety from falling as the relevant Building Code clause at the time the building consent was issued.

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2019/065: The refusal to grant a building consent for District Court buildings due to the disputed importance levels

This determination considers the authority’s purported refusal to grant a building consent for seismic strengthening work because the authority did not agree with the importance level classification proposed by the structural engineer. The determination discusses whether the subject building should be classified as Importance Level 2 or Importance Level 3 as set out in AS/NZS 1170.0.  This standard is referenced by Verification Method B1/VM1, which is a means of compliance with Building Code Clause B1 Structure. 

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2019/064: Regarding a proposed notice to fix and whether work carried out is building work

This determination considers the authority’s proposal to issue a notice to fix for work that the authority considers constitutes building work that required building consent.  The issue concerns an abode that has been constructed using a trailer and that the owner contends is a vehicle and not a building.  The matter turns on whether the work carried out was work for or in connection with the construction of a building.

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This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: