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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, 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.

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143 Determinations match your query
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2019/044: Regarding the code compliance of a domestic garage and driveway and the issue of a building consent and code compliance certificate

This determination considers the compliance of a domestic garage and driveway with Building Code Clause D1 Access routes, including whether their dimensions are appropriate for the intended use. It also considers whether the building consent authority was correct to grant the building consent and code compliance certificate, and whether a proposal to widen the garage doorway (from 2.31 m to 2.8 m) would result in compliance.

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2019/041: Regarding the provision of an accessible route to a cupola with an elevated viewing platform on a landscaped roof area

This determination considers whether a lift is required to an elevated viewing platform on a landscaped roof area of a building housing an arts centre in order to meet the requirements of the Building Act for reasonable and adequate access for people with disabilities.  The determination discusses the definition of “storey” for the purpose of Clause D1.3.4 of the Building Code and whether the cupola in which the viewing platform is housed is an “ancillary” building as defined in Clause A1 of the Building Code. 

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2019/021: Regarding compliance with Clause D1 of a staircase to the mezzanine level of a farm building

This determination considers the compliance of a set of stairs designed for access to a mezzanine level in a farm building.  The determination discusses the classified use of the building and how the limits on application apply with regard to Clause D1 Access routes.

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2019/018: Regarding the code-compliance of a proposed design for a domestic driveway

Note: This determination is subject to appeal.

 

This determination considers the compliance of a proposed design for a domestic driveway with Building Code Clause D1 Access routes, in particular in relation to the cross fall and gradient.  The determination discusses the extent to which the performance criteria in Clause D1 apply to driveways constructed in association with a dwelling and where the driveway is used by both pedestrians and vehicles.

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2018/066: Authority’s decision to issue a code compliance certificate for alterations to a relocated house

This determination considers the issue of a code compliance certificate for alterations to a relocated house.  The determination discusses the compliance of the building work with the building consent and with relevant clauses of the Building Code

2018/063: Building Code compliance of the proposed location for large toilet paper dispensers in accessible public toilets

This determination considers the code compliance of large toilet paper dispensers installed in prefabricated public toilets - the location of the dispensers differs from that shown in the relevant Acceptable Solution.  The prefabricated toilets are built under a consent issued at the point of manufacture and relocated throughout the country using a separate buidling consent for the site installation.

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2018/059: Issue of a notice to fix in respect of the compliance schedule and building warrant of fitness for a building

Note: This determination is subject to clarification

 

This determination concerns a notice to fix issued by an authority in respect of the specified systems in a building, the compliance schedule, and the building warrant of fitness. The determination considers whether the notice to fix was correctly issued, the information to be provided in a compliance schedule, and the issue of the building warrant of fitness.

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2018/042: Refusal to issue a code compliance certificate for a viewing platform

This determination considers the compliance of a viewing platform and associated parking with Clause D1 Access routes, and whether an access route to the platform for people with disabilities was needed. The determination also considers whether the gravel access track and car parking provide reasonable and adequate access in terms of Clauses D1 and B2 Durability.

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2018/036: 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.

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2018/034: 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.

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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: