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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2019/028: Regarding the code compliance of parapet and post details without metal cap flashings to membrane decks

Explanatory note

This determination contained an error when it was issued on 26 June 2019. At Paragraph 5.6.6 it read, “I note here the torch-on-membrane, which the authority issued a building consent for (refer paragraph 4.5.1), is permitted within the Acceptable Solution as a capping material to parapets".

To provide clarity paragraph 5.6.6 is now to be read as follows, “I note here metal, butyl or EPDM membranes are the materials specified in the Acceptable Solution as capping materials to parapets. The authority issued a building consent (refer paragraph 3.7) for the torch on membrane, which established that the authority was satisfied with the compliance of that material as a weathertightness system."

This determination considers the compliance of parapet and post details without metal cap flashings to two membrane decks. The determination discusses the details and whether the building work complies with the Building Code in regard to Clause E2 External moisture.

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2019/020: The refusal to issue a code compliance certificate for a 16-year-old house with monolithic cladding

This determination considers an authority’s refusal to issue a code compliance certificate for a 16-year-old house 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.

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2019/013: Regarding the refusal to issue a code compliance certificate for the relocation of and 18-year-old alterations to a house

This determination considers the compliance of consented work for the relocation of an existing building onto a new site and alterations to the building.  The authority refused to issue the code compliance certificate for the work because of concerns over the performance of a membrane roof to a new extension built as part of the relocation consent. 

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2018/051: Refusal to issue a code compliance certificate for a 9-year-old house with mixed claddings

This determination considers the compliance of a consented building where there was delay in completing the consented work.  The determination considers the authority’s reasons for declining to issue the code compliance certificate for the work; the authority’s reasons were principally concerned with the building’s compliance with Building Code Clause E2 — External moisture.

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2018/038: Refusal to issue a code compliance certificate for a 10-year-old house with mixed claddings

This determination is concerned with the compliance of a 10-year-old house.  The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2018/029: Refusal to issue a code compliance certificate for a 14-year-old house with mixed claddings

This determination considers the compliance of a 14-year-old building. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2018/021: Refusal to issue a building consent for a house with membrane roof

This determination considers the compliance of low-pitched membrane roofs to a proposed three storey house.  The roofs are inward-sloping and employ slopes less than provided for in the Acceptable Solution for Clause E2 External moisture.

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2018/019: Compliance of the base of a wall to a large shed containing a dwelling

This determination considers the compliance of a base flashing detail installed to a portion of a shed containing a dwelling to resolve moisture ingress.  The determination discusses the extent of the remedial work required in relation to the uses of the shed and their relative Building Code obligations.

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2018/004: Refusal to issue a code compliance certificate for an 11-year-old house with monolithic cladding

This determination is concerned with the compliance of an 11-year-old house.  The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2018/003: Refusal to issue a code compliance certificate for a 13-year-old house with mixed claddings

This determination is concerned with the compliance of an 11-year-old house. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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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: