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

393 Determinations match your query
Show detailed results

2025/031: The authority’s decision to refuse to grant a building consent for building work to a relocated dwelling.

This determination examines an authority’s decision to refuse to grant an application for a building consent for building work in relation to relocating and altering an existing dwelling under section 50.

The determination evaluates whether the authority’s reasons for refusing to grant the building consent were specific, clear and valid, particularly concerning the natural hazard provisions of the Act, and Clauses B1 Structure, E1 Surface Water and G13 Foul Water.

About this document

2025/029: An authority’s decision to issue three notices to fix for building work done without a building consent.

This determination considers three notices to fix for building work that was carried out without building consent.  The determination considers whether the building work was exempt under Schedule 1 of the Act.

It also considers the form and content of the notices to fix, including the particulars of the contraventions and who the notices were issued to.

About this document

2025/023: Regarding the issue of three code compliance certificates and compliance of items of building work

This determination considers the issue of three separate code compliance certificates, related to three different building consents, for building work to make various alterations and additions to an existing detached dwelling. All three building consents were issued under the Building Act 1991.

This determination considers if the building work complies with the Building Code that applied at the time the building consents were granted.

About this document

2025/015: Refusal to issue a code compliance certificate for a 27-year old house due to concerns around compliance with BC clauses B2 and E2

The authority has refused to issue a code compliance certificate for building work carried out pursuant to building consent because it is not satisfied that the cladding system that formed part of the building work complied with clauses B2 and E2 of the Building Code at the time it was constructed.

The authority’s formal refusal letter, when read together with an accompanying email referring to the reasons for refusal, had provided sufficient reasons for refusing to issue the code compliance certificate. 

About this document

2025/007: Regarding compliance of a masonry block retaining wall with Building Code Clause B1 Structure and the protection of other property

This determination considers whether a new retaining wall close to some existing retaining walls and the boundary between two properties complies with the provisions of Building Code Clause B1 Structure and the protection of other property.

The matter turns on whether the new retaining wall relies on the existing retaining walls located on other property for compliance, and whether the new retaining wall imposes a surcharge on the existing retaining walls and, if a surcharge is imposed, whether this affects the ongoing compliance of the existing retaining walls.

About this document

2024/058: An authority’s decisions to issue a building consent and code compliance certificate for a dwelling and compliance with B1

This determination considers an authority’s decisions to grant a building consent and issue a code compliance certificate for construction of a dwelling.

The determination turns on whether the design and construction of the timber pile foundations comply with Building Code Clause B1 Structure.

About this document

2024/050: Regarding compliance with the Building Code and the issue of a code compliance certificate for building work associated with a new dwelling

This determination considers the decision to issue a code compliance certificate for a building consent to construct a dwelling.

The determination also considers compliance with the Building Code of a deck, surface water drainage system in the vicinity of that deck and the foundation walls with Clauses B1 Structure, B2 Durability, E1 Surface Water and E2 External Moisture.

About this document

2024/049: An authority’s decision to issue a notice to fix for a small detached building

Note: This determination is subject to appeal​.

This determination considers an authority’s decision to issue a notice to fix in relation to a small, detached building. The notice to fix alleges the owners have carried out building work without a building consent and that some of the building work does not comply with Building Code Clause B1 Structure. The determination considers the authority’s grounds for issuing the notice to fix, and the form and content of the notice.

About this document

2024/046: The issuing of two notices to fix for a newly constructed indoor playground

This determination considers decisions by an authority to issue two notices to fix regarding a newly constructed indoor playground comprising four separate structures. The determination considers the form and content of the notices, and whether there were grounds to issue the notices, including whether the building work was exempt from the requirement to obtain a consent, and whether the playground complies with Building Code Clause B1 Structure.

About this document

2024/043: Regarding the purported refusal of a building consent.

This determination considers an authority’s purported decision to refuse to grant a building consent for an extension to an existing shed. The determination considers the authority’s requirement for a geotechnical report prepared by a Chartered Professional Engineer with a practice field in geotechnical engineering.

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: