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

143 Determinations match your query
Show detailed results

2021/012: Regarding alterations to install insulation in a skillion roof

This determination considers the compliance of a design to install insulation into a skillion roof and the authority's decisions to grant the building consent for that design and a code compliance certificate for the completed work. The determination considers whether the proposed building work would comply with Clause E3 Internal Moisture if the work was completed in accordance with the plans and specifications, and the performance of the building work as constructed with Clause E3.

About this document

2021/008: Regarding the authority's decision to issue a code compliance certificate for a new dwelling

This determination considers whether an authority was correct to issue a code compliance certificate for a new dwelling. The determination considers whether the building is compliant, and whether the authority would have been aware of any non-compliance when issuing the code compliance certificate.

About this document

2020/033: The refusal to issue a code compliance certificate for historical building work to construct an outbuilding

This determination concerns the authority's decision to refuse to issue a code compliance certificate for construction of an outbuilding that was later converted to a sleepout. The determination considers the compliance of the building work identified by the authority in its reasons for refusing to issue the code compliance certificate.

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.

2020/009: Regarding the compliance of a washing machine and an instantaneous water heater with the Building Code

This determination considers the compliance of a washing machine with Clause G13 Foul water of the Building Code. The determination also considers the compliance of an instantaneous water heater without a safe tray with Clauses E3 Internal water and G12 Water supplies.

About this document

2019/048: Refusal to issue a certificate of acceptance for plumbing and drainage work associated with a shipping container used as a mortuary

This determination considers the authority’s refusal to issue a certificate of acceptance for plumbing and drainage work that was carried out without building consent.  The plumbing and drainage work was installed to convert the shipping container for use as a mortuary and connects to an existing foul water drainage system that services a dwelling on the property, which in turn connects to a septic tank and evapotranspiration bed. 

About this document

2019/037: The refusal to issue a code compliance certificate for a 17-year-old house with a corrugated cellulose fibre cladding system

This determination considers an authority’s refusal to issue a code compliance certificate for a 17-year-old house principally due to concerns about its compliance with Clause E2 External moisture.  The building owners had commissioned an assessment of the building’s performance which the authority had declined to accept.

About this document

2019/009: Regarding the compliance of proposed carpet flooring to a laundry in an attached garage

This determination considers the compliance of proposed carpet flooring to a laundry space within an attached garage. The authority refused to issue the building consent for the proposal because of concerns the use of carpet in a laundry does not prevent water from penetrating behind linings, and does not avoid the likelihood of fungal growth or the accumulation of contaminants.

About this document

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

2018/060: Refusal to grant building consent for retrofitting polyisocyanurate insulation in a house

This determination considers the code-compliance of retrofitted rigid foam insulation board to insulate the walls of an existing house.  The determination considers whether the proposed insulation board will satisfy certain clauses of the Building Code to the extent required by the Building Act.

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: