Skip to main content.

Previous determinations

Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding in relation to each case. Circumstances in one case may differ to others.

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

1612 Determinations match your query
Show detailed results

2018/040: Regarding the refusal to issue a building consent in respect of custom window joinery

This determination considers whether the authority correctly exercised its powers in refusing to issue a building consent for a new house with a fixed glazing system.

About this document

2018/039: The code compliance of a walk-in shower to an ensuite in a 5-year-old house

This determination considers the compliance of a wall to floor junction in a shower with Clauses E3 Internal moisture and B2 Durability of the Building Code.

About this document

2018/038: Regarding the refusal to issue a code compliance certificate for a 10-year-old house with mixed claddings

This determination is concerned with the compliance of a 10-year-old house.  The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

About this document

2018/037: Regarding refusal to grant exemption from the requirement to obtain a building consent for proposed seismic strengthening work

This determination considers the authority’s refusal to grant an exemption from the requirement to obtain a building consent under Schedule 1(2)(a) for seismic strengthening work. The determination discusses the types of matters that an authority must turn its mind to when considering whether to grant an exemption and the information provided in this case that would allow the authority to consider an application for an exemption. 

About this document

2018/036: Regarding the compliance of a new swimming pool complex, in relation to access for people with disabilities into the pools

This determination considers whether installation of a hoist will satisfy the provisions concerning access for people with disabilities to the pool.  The determination considers whether members of the public will be admitted to the pool and therefore whether section 118 applies, and whether a waiver or modification of Clause D1 can be granted.

About this document

2018/035: Regarding the refusal to issue a certificate of acceptance and the issue of a notice to fix for alterations to a building

This determination concerns alterations carried out without a building consent and considers the authority's decisions to refuse to issue a certificate of acceptance and to issue a notice to fix.  The determination considers whether the building work was exempt work or was subject to an existing building consent, and discusses the content of the notice to fix and of the notification of refusal.

About this document

2018/034: The refusal of a code compliance certificate for an addition

This determination considers the authority's refusal to issue the code compliance certificate for a substantial addition to an existing studio building. The refusal arose from matters related to Building Code Clauses D1, E2, E3, and F4, but the principle issue was an ongoing dispute about the water from neighbouring properties and a small drain that has been installed to divert some of this water. The determination considers whether the drain formed part of the consented work or not.

About this document

2018/033: Regarding the decision to issue notices to fix for the demolition of a building

This determination considers the authority’s decision to issue notices to fix for demolition work carried out without building consent.  The determination turns on whether the building is 'detached' and accordingly whether demolition of the building is exempt building work under Schedule 1.

About this document

2018/032: Regarding open risers in an existing building undergoing alterations

This determination considers the authority’s refusal to grant an amendment to a building consent for alterations.  The applicant seeks to remove the requirement to close risers to the single set of stairs providing access to the upper level.  The determination discusses the application of section 112(1)(a) in the circumstances, and the assessment of compliance with Clause D1 Access routes to the extent "as nearly as is reasonably practicable"

About this document

2018/031: Regarding the issue of a notice to fix and whether a structure is a building

Note: This determination is subject to clarification

 

This determination considers the authority’s decision to issue a notice to fix for work carried out without building consent.  The determination turns on whether the structure is a ‘building’ under section 8 of the Building Act or is excluded from that definition by section 9 because it is a ‘boat ...used in navigation’.

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: