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

1000 Determinations match your query
Show detailed results

2025/050: An authority’s decision to issue 21 insanitary building notices for small, detached buildings used as accommodation

This determination considers an authority’s decision to issue insanitary building notices in respect of 21 small buildings.

The determination discusses whether the buildings were insanitary under section 123 of the Building Act at the time the notices were issued, and the content of the notices in terms of sections 124 and 125.

About this document

2025/049: The compliance of a replacement cladding system on a dwelling with clauses B2 and E2 of the Building Code

This determination considers compliance with E2 External Moisture and B2 Durability of three external cladding details that terminate above paved ground and channel drains.

The determination discusses the system's components and features and the management of external moisture.

About this document

2025/048: An authority’s decision to issue a notice to fix for a change of use

This determination considers an authority’s decision to issue a notice to fix for a change of use of the building. The authority considered that the use had changed from IA (Industrial Low) to SH (Sleeping Single Home).

The determination considers whether there were grounds for the issue of the notice, the particulars and remedies contained in the notice, and whether the owner is a ‘specified person’.

About this document

2025/047: Regarding a notice to fix for the relocation of a building

This determination considers a notice to fix issued by the authority for an alleged contravention of section 40 in carrying out work without a building consent in relation to the temporary relocation of a building on site.

About this document

2025/046: Regarding an authority’s decision to issue a dangerous building notice

This determination relates to the authority’s decision to issue a dangerous building notice under section 124 arising from the use of the building and its fire safety features.

The determination considers the features of the building in relation to the dangerous building test under section 121(1)(b) and, as the historical decision to record a change of use is in dispute, the evidence the authority had in recording a change of use in 2011.

About this document

2025/045: Whether a body of water is a pool under the Act and whether the barrier must comply with the Building Code

This determination considers whether a body of water is a residential pool for the purposes of the Act, and so whether it must have a pool barrier that complies with the Building Code to the extent required by section 162C of the Building Act.

About this document

2025/044: Whether a bedroom in a proposed multi-unit building complies with the scope of Acceptable Solution G7/AS1

This determination considers the compliance pathways applicable to a bedroom in a proposed multi-unit building in relation to Building Code Clause G7 – Natural light.

It specifically discusses the scope of Acceptable Solution G7/AS1, as well as the exclusions outlined in paragraph 1.1.2.1 of that document, as they apply to a bedroom window located within a return feature of the proposed building’s façade.

About this document

2025/043: The authority’s decision to issue a notice to fix for a change of use

This determination is about a notice to fix issued for a change of use of a building without prior approval from the authority.

The determination considers whether the building’s use had changed for the purposes of the Building Act and whether the notice had been issued to a specified person.

About this document

2025/042: An authority’s decision to issue a notice to fix for a mixed-use building

This determination considers whether a change of use occurred as a result of building work to increase the number of bedrooms for an existing residential unit in a mixed-use building.

The determination discusses the features and arrangements of the unit and the authority’s decision to then issue a notice to fix. It also discusses whether the unit is classified as a ‘detached dwelling’ under Building Code Cause A1 Classified Uses.

About this document

2025/041: An authority’s decision to grant a building consent under section 72 for building work on land subject to slippage

This determination considers an authority’s decision to grant a building consent under section 72.

The determination considers the natural hazard provisions, including whether the land is subject or likely to be subject to the natural hazard of slippage, and whether to grant a modification of clause B1 Structure.

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: