Previous determinations

Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding in relation to each case. Circumstances in one case may differ to others.

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2019/010: Regarding the code compliance of an intertenancy wall in an apartment building with respect to sound transmission

This determination considers the level of sound attenuation to a wall between two units in an apartment building.  The level of sound attenuation is less than that required in the relevant Verification Method for Clause G6 Airborne and impact sound of the Building Code.

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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.

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2019/008: Regarding the code-compliance of a proposed pool barrier

This determination considers the compliance of a proposed pool barrier with Clause F9 – Means of restricting access to residential pools of the Building Code. The determination considers whether the area enclosed by the proposed pool barrier should be included within the immediate pool area.

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2019/007: The refusal of a code compliance certificate for 18-year-old additions and alterations to a house

This determination considers an authority’s refusal to issue a code compliance certificate for 18-year-old additions and alterations to an existing house.  The cladding had been changed from what was consented and the changed cladding had also been applied to the remainder of the existing building.  The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code.

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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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2019/005: Regarding the authority’s decision to issue of a notice to fix for the conversion of a garage to a self-contained unit

This determination considers whether a garage detached associated with a dwelling has undergone a change of use when it was converted to a self-contained unit.  Council issued a notice to fix in respect of the conversion and the determination considers whether the garage has undergone a change of use as provided for in the legislation.

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2019/004: Decisions to refuse to issue a code compliance certificate and to issue a notice to fix in respect of a solid fuel heater

Note: This determination is subject to clarification

 

This determination concerns an as-installed solid fuel heater installed without the clearance behind it that was described in the manufacturer’s installation instructions.  The determination considers the compliance of heater and a notice to fix issued in respect of this work.

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2019/003: Regarding the ground preparation for house foundations and whether this satisfied Clause B1 Structure

Note: This determination is subject to clarification

 

This determination considers the ground preparation to a site before a house with a proprietary foundation had been constructed. The site was in the Canterbury region and had been classified as TC2. The determination considers whether the site and its preparation meet Clause B1 Structure, and whether the authority was correct to issue the code compliance certificate in respect of this work.

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2019/002: Regarding the issue of a notice to fix for a house with foam insulation

This determination considers the compliance of foam insulation installed to the walls and the underside of a roof in a house that has a low to moderate weathertightness risk. 

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2019/001: Regarding the code-compliance of sliding and hinged doors that form part of a barrier to a pool

This determination considers the code compliance of sliding and hinged doors that form part of the barrier to a pool. The determination assesses the barrier against the performance requirements of Building Code Clause F9 – Means of restricting access to residential pools.

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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: