Previous determinations

This determination considers whether a stormwater tank near a property boundary is required to comply with performance clauses C3.6 and C3.7 of Building Code Clause C3 Fire affecting areas beyond the fire source.  

This determination considers an authority's purported decision to refuse to grant a building consent for an alteration to an existing workshop on a residential property. The determination considers whether a change of use is occurring with the proposed building work to create a sleep-out.

The authority refused to issue a code compliance certificate for the building work and is seeking determination as to whether the installation of a woodburner (of which the hearth is a necessary element) complies with the Building Code.

This determination considers the decision to issue a code compliance certificate for the installation of a domestic solid fuel heater and flue system. The determination considers whether the system’s flue was installed in a way that avoids creating a nuisance to other property in accordance with clause G4.3.4.

This determination considers the authority's decision to issue a notice to fix for siteworks carried out on 16A, 16B and 16C Gilfillan Street. The notice was issued for non-compliance with Building Code Clause B1.3.6. in relation to the requirement to avoid likelihood of damage to other property, being 14 and 14A Gilfillan Street.

This determination was sought by the building consent authority to reverse a code
compliance certificate that was issued in error. The code compliance certificate
includes building work that had not been constructed.

This determination considers whether a timber barrier to a retaining wall complies with Building Code clauses F4.3.1 and F4.3.4(b), (e) and (g). The determination also assesses whether the Limit on Application of F4.3.1 applies to the as‐built structure.

This determination considers an authority’s decision to refuse to grant an application for a building consent for the construction of a new dwelling. The determination considers the authority’s reasons for the refusal, and whether the proposed timber piled foundation design complies with Building Code Clause B1 Structure.

This determination considers the authority's refusal to issue a certificate of acceptance for building work associated with a dwelling, that was carried out without building consent. The authority considered that Building Code clauses B1 Structure, B2 Durability, E2 External Moisture, G2 Laundering, G9 Electricity, G12 Water Supplies and H1 Energy Efficiency were not met. The determination considers the reasons for refusal set out in the authority’s refusal letter and subsequent report.

The determination considers the decision to issue a code compliance certificate for a swimming pool that required a barrier to restrict access by unsupervised young children. This determination considers the compliance of a pool barrier in relation to clause F4 of the Building Code that was in force at the time the building consent was granted.