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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2024/008: Regarding whether a timber barrier to a retaining wall complies with Building Code clauses F4.3.1 and F4.3.4

This determination considers whether a timber barrier to a retaining wall complies with Building Code clauses F4.3.1 and F4.3.4(b), (e) and (g). The determination also assesses whether the Limit on Application of F4.3.1 applies to the as‐built structure.

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2024/005: The authority’s decision to issue a code compliance certificate for a swimming pool

The determination considers the decision to issue a code compliance certificate for a swimming pool that required a barrier to restrict access by unsupervised young children. This determination considers the compliance of a pool barrier in relation to clause F4 of the Building Code that was in force at the time the building consent was granted.

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2022/015: Regarding the compliance of a 1200mm high masonry swimming pool wall with Building Code Clause F4 Safety from falling

This determination considers the compliance of a 1200mm high masonry swimming pool wall with Building Code Clause F4 Safety from falling. This determination also considers whether to grant a modification of Clause F4.3.1, to permit a 1200mm change of level without a safety from falling barrier, in the circumstances of this case.

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2022/006: The compliance with Clause F9 Means of restricting access to residential pools of a pool barrier incorporating a microchip operated pet door

This determination considers whether the pool barrier that incorporates a pet door with modifiable controls complies with Clause F9 – Means of restricting access to residential pools of the Building Code. The determination assesses the compliance of the barrier against the Acceptable Solution F9/AS1 and as an alternative solution.

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2021/018: Regarding the compliance of a pool with Building Code Clause F4 Safety from falling

This determination considers the compliance of a particular aspect of a pool with respect to Building Code Clause F4 Safety from falling. The determination also considers whether the authority was correct to refuse to issue a code compliance certificate for the work and whether a waiver or modification of Clause F4.3.1 should be granted.

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2021/007: Regarding the code compliance of a frameless glass balustrade on a house

This determination considers the code compliance of a frameless cantilevered glass balustrade. The balustrade panels comprise a laminate of two toughened-glass panes with a plastic interlayer. Concerns about compliance of the balustrade were raised when the interlayer did not prevent a panel from collapsing when the glass was broken.

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2020/010: Regarding the compliance of openings in a first floor external wall with Clause F4 Safety from falling

This determination considers the compliance of existing windows that are proposed as openings in the first floor of a building with respect to Clause F4 Safety from falling. The determination also considers whether the authority was correct to purportedly refuse to issue the building consent for this work.

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2019/063: Regarding the compliance of a paved path and retaining wall without a safety from falling barrier with Clause F4 Safety from falling

This determination considers the compliance of a paved path and retaining wall without a safety from falling barrier with Building Code Clause F4 Safety from falling.  The determination discusses the measurement of the height of fall.

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2019/023: Regarding the compliance of a proposed glass balustrade with Building Code Clause F4 Safety from falling

This determination considered the compliance of a glass balustrade with Building Code Clause F4 – Safety from falling. The determination considers whether the proposed barrier will restrict the passage of children.

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2018/053: Compliance of an aluminium and glass barrier with Building Code Clause F4 Safety from falling

This determination considers the performance of a proprietary aluminium barrier installed on a timber-framed veranda in an existing house.  The determination considers the performance of the barrier in respect of its strength, and the authority’s decision to refuse to issue a code compliance certificate in respect of the work.

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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: