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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.

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2017/008: Determination regarding the compliance of cladding and timber framing to a remediated 15-year-old house

This determination is concerned with the compliance of cladding and timber framing in a 15-year-old house that had previously been subject to moisture ingress. The determination considers the authority’s reasons for refusing the code compliance certificate for alterations that involved recladding and over-cladding, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

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2017/007: Regarding the authority's exercise of its powers of decision to refuse to issue a building consent for a new house

This determination considers whether the authority was correct to refuse to issue a building consent on the grounds that it considered the proposed footing detail, which is an alternative solution, did not comply with Clause B1 of the Building Code. The determination compares the proposed footing detail with that set out in the Acceptable Solutions SH/AS1 and B1/AS1 in terms of its flexural and shear capacity.

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2017/006: Refusal to issue a building consent for the change of use from commercial to residential of one level in a multi-level building

Note: This determination is subject to clarification.


This determination discusses the assessment required under section 115 when there is a change of use to only part of a building, particularly in respect of Building Code clause B1 Structure and whether a detailed seismic assessment is required for the whole building.

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2017/005: Regarding the code compliance of remediation work to a 15-year-old house

This determination considers the authority’s reasons for refusing to issue a code compliance certificate for remedial work to an existing house; and whether the work concerned complied with Clause B1, B2, and E2 of the Building Code. The building consent had been issued with requirements for quality assurance in relation to construction monitoring which was also the subject of the dispute between the parties.

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2017/004: Regarding the issue of a notice to fix for building work undertaken without building consent

This determination considers building work done without consent to an existing house: the building work included the replacement of insulation and external wall cladding, installation of jack trusses, and affixing cladding over an existing cladding. The determination discusses whether the building work was exempt from the need to obtain a building consent under Schedule 1 of the Building Act, the drafting of the notice to fix and the remedies, and whether a building consent authority can withdraw a notice to fix.

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2017/003: Regarding the refusal to issue a code compliance certificate for a 12- to 15-year-old house with monolithic cladding

This determination is concerned with the compliance of a 12 to 15-year-old house. The determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

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2017/002: Regarding the requirement for fire resistance of a slatted timber deck over a car parking area to new townhouses

This determination considers whether the proposed deck construction would comply with Clause C3 of the Building Code. The determination discusses whether the timber slatted deck over a carport is a roof for the purpose of C/AS1 and whether the design is an alternative solution.

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2017/001: Regarding the authority's exercise of its powers of decision to issue a notice to fix for building work carried out without building consent

This determination considers building work done without consent to an existing workshop in a commercial building: the building work included installing storage racks and internal partitions, and the installation of sanitary and kitchen facilities. The determination discusses whether the work was exempt from the need to obtain a building consent under Schedule 1 of the Building Act, and whether the building had undergone a change of use.

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2016/063: Regarding the compliance of a single inner handrail to a spiral stairway

This determination considers the compliance of an alternative solution proposing the use of a single handrail on the inner face of a secondary private spiral stairway. The determination discusses the relative angle of the handrail and the pitch line of the stairs, and whether the handrail is graspable and would provide sufficient grip to arrest a fall.

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2016/062: Regarding additional information required by the authority before issuing a code compliance certificate for a house and garage

This determination considers the information required to establish on reasonable grounds that specific elements of building work complies with the relevant clauses of the Building Code.  At issue was the compatibility of plumbing fittings and pipes from different manufacturers, and whether evidence of construction monitoring was required.

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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: