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.

You can also search for Determinations on Building CodeHub

Find a determination

Applying filters will narrow down your search results

Find a determination

Search results

1756 Determinations match your query
Show detailed results

2021/014: Regarding compliance with the Building Act of an existing pool barrier

This determination considers the compliance of an existing pool barrier that incorporates brick columns and walls and sections of metal fencing, and hedges. The determination describes various pathways to establishing compliance for the purpose of section 162C of the Building Act 2004, and considers whether the pool barrier complies by any of those means. The determination also considers the status of an exemption granted under the Fencing of Swimming Pools Act 1987.

About this document

2021/013: Regarding the proposed granting of a building consent for an alteration to a building on land subject to a natural hazard

This determination discusses the interpretation of the natural hazard provisions in the Building Act 2004 (sections 71 to 74). The determination considers whether: building work amounts to "major alterations"; land on which the building work is to be carried out is likely to be subject to a natural hazard (specifically inundation); "adequate provision" has been or will be made to protect the land and building work.

About this document

2021/012: Regarding alterations to install insulation in a skillion roof

This determination considers the compliance of a design to install insulation into a skillion roof and the authority's decisions to grant the building consent for that design and a code compliance certificate for the completed work. The determination considers whether the proposed building work would comply with Clause E3 Internal Moisture if the work was completed in accordance with the plans and specifications, and the performance of the building work as constructed with Clause E3.

About this document

2021/011: Regarding the compliance of timber bevel back weatherboards, coated with dark grey paint, installed on a house

This determination considers whether timber bevel backed weatherboards, painted in a dark colour, complied with Building Code Clause B2 Durability, as it relates to Clause E2 External moisture. The determination considers the degree of exposure to sunlight, acecss for maintenance and inspection of the cladding, the design, and the specification of the materials used, as well as a number of other factors that contribute to a Building Code compliance assessment of this nature.

About this document

2021/010: Regarding the refusal of a building consent for alterations to an existing students' hall of residence

This determinaton considers whether the authority was correct to refuse a building consent for alterations to an existing school building. It considers the reasons for refusing to grant a building consent under section 50 of the Building Act, and what is as nearly as is reasonably practicable under section 112 of the Building Act, specifically in relation to installing a fire sprinkler system.

About this document

2021/009: Regarding the compliance of a new section of pool barrier

This determination considers the compliance of a pool barrier with section 162C of the Building Act 2004 and clause F9 of the Building Code (Means of restricting access to residential pools). The determination concerns a section of a boundary fence where it adjoins other fences. Together these fences form part of a pool barrier. The determination assesses whether an aspect of building work complies with the Building Code by way of Acceptable Solution F9/AS1 or by another means, widely referred to as an 'alternative solution'.

About this document

2021/008: Regarding the authority's decision to issue a code compliance certificate for a new dwelling

This determination considers whether an authority was correct to issue a code compliance certificate for a new dwelling. The determination considers whether the building is compliant, and whether the authority would have been aware of any non-compliance when issuing the code compliance certificate.

About this document

2021/007: Regarding the code compliance of a frameless glass balustrade on a house

This determination considers the code compliance of a frameless cantilevered glass balustrade. The balustrade panels comprise a laminate of two toughened-glass panes with a plastic interlayer. Concerns about compliance of the balustrade were raised when the interlayer did not prevent a panel from collapsing when the glass was broken.

About this document

2021/006: Compliance with Building Code Clause G13 Foul water of an effluent field that is part of a domestic foul water treatment system

This determination considers the compliance with Building Code Clause G13 Foul water of an effluent field that is part of a domestic foul water treatment system. The determination discusses the slope, stability and size of the disposal field.

About this document

2021/005: Regarding the refusal to issue a building consent for building work associated with a relocated cabin

This determination concerns a refusal to issue a building consent for the construction of foundations for a relocated cabin and associated fixings and connections. The determination considers the reasons given for the refusal, which relate to establishing the Building Code compliance of the cabin itself. The determination also provides comment on the provisions relating to certificates of acceptance.

About this document

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: