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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2020/012: Regarding compliance of building work with Building Code Clause E1 Surface water and the decision to issue a notice to fix in respect of it

This determination considers whether a depression on semi-rural property can be considered a suitable outfall for a surface water drainage system. The authority issued the notice to fix because it considered the drainage system had not been constructed in accordance with the consented plans. The determination considers the compliance of the outfall and whether the authority was correct to issue the notice to fix

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2020/011: Regarding the refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions

This determination considers an authority’s refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions principally for reasons to do with the performance of the building envelope. The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code requirements in force when the building consent was issued.

2019/067: The decision to grant a building consent subject to notification under section 73 for a site adjacent to a coastal estuary

This determination considers whether land adjacent a coastal estuary is subject to a natural hazard; the hazard being inundation by rising sea level and by surface water flooding.  The applicants have built a house on the land under a building consent issued with section 73 condition.  The house has been specifically designed to mitigate the potential effects of any flooding on the building and the land.

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2019/061: Regarding the compliance of a surface water drainage connection

This determination considers whether a surface water drain complies with Building Code Clause E1 Surface water: the drain collects water from a roof and is connected to a kerb sump and not directly to a surface water drain.  The authority considers the connection to the sump was contrary to the means of compliance stated in the building consent, being the Acceptable Solution for Clause E1, and that approval should be sought for the work as a minor variation to the consent.

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2019/034: Granting a building consent for the construction of a dwelling without requiring notification under section 73 of the Building Act

This determination considers whether a building consent issued to a previous owner for the construction of a new dwelling should have been issued subject to a section 73 condition requiring notification of a natural hazard to be placed on the land title.  The determination was sought by the current owner who believes the land is subject to inundation.  The determination considers whether the land is subject to a natural hazard and the information the authority relied upon in issuing the building consent.

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2019/027: Regarding building work compliance with Clause E1 Surface water and grant of a building consent and code compliance certificate

This determination concerns sitework carried out by the applicant’s neighbour and whether this is likely to cause damage or nuisance to the applicant’s property in breach of Clause E1 Surface water.  The determination also considers whether the authority was correct to grant a building consent and a code compliance certificate for this work.

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2019/022: Regarding the decision to issue a code compliance certificate in respect of surface water drains to a house

This determination considers the compliance of an as-built surface water drainage system to a new house.  The system as consented did not provide a compliant solution and the work as installed is not considered to be compliant by the building owner.

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2019/006: Regarding the removal of an insanitary building notice and lack of notification of a natural hazard for a relocated building

Note: This determination is subject to clarification

 

This determination considers the lifting of an insanitary building notice and whether the building in its current state is insanitary or dangerous.  The determination also considers whether two building consents should have been granted subject to notification of the natural hazard inundation, and whether a notice to rectify should have been for building work that was not compliant with the Building Code and for building work carried out without building consent.

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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

2018/056: Refusal to grant a building consent for proposed earthquake repairs to two residential buildings

This determination considers two houses damaged in the Canterbury earthquake sequence and whether the information provided in support of the building consent for the repair of the buildings was sufficient for the authority to be able to grant the consent.  

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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: