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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2019/029: Regarding the compliance of a retaining wall and associated sitework with Clause B1 Structure

This determination is concerned with the compliance of a timber retaining wall with Building Code Clause B1 Structure. The determination considers whether the wall once completed will comply with Building Code Clause B1 Structure, and whether the authority was correct not to issue a notice to fix in relation to the retaining wall.

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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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2019/014: The refusal to issue a code compliance certificate due to concerns about weatherboard fixings to a house

This determination considers whether the weatherboard cladding to a house complies with Clauses E2 External moisture and B2 Durability. The vertical weatherboards were installed over a cavity but double-nailed. The authority refused to issue the code compliance certificate because of the double-nailing.

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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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2019/007: 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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2019/002: 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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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.

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2018/046: Refusal to issue a code compliance certificate for alterations to a 16-year-old building

This determination considers the compliance of consented alterations carried out on an existing building for which an earlier code compliance certificate also had not been issued and where a significant portion of the existing building remained unaltered. The determination considers the authority’s reasons for declining the code compliance certificate for the work, and the provisions of section 115 (change of use) in relation to 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: