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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2019/018: Regarding the code-compliance of a proposed design for a domestic driveway

Note: This determination is subject to appeal.

 

This determination considers the compliance of a proposed design for a domestic driveway with Building Code Clause D1 Access routes, in particular in relation to the cross fall and gradient.  The determination discusses the extent to which the performance criteria in Clause D1 apply to driveways constructed in association with a dwelling and where the driveway is used by both pedestrians and vehicles.

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2019/017: Regarding a notice to fix and whether a structure on a trailer is a vehicle or a building

Note: This determination is subject to appeal.

 

This determination considers whether a unit on a trailer is a building for the purposes of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this. The determination discusses the definitions of building and vehicle under section 8 of the Building Act. 

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2019/016: Regarding the refusal to amend a building consent for five detached dwellings

This determination considers the modification of a building consent issued for five detached dwellings; four dwellings were completed and one was not.  The owners of the four completed dwellings applied to the authority to modify the consent so the incomplete dwelling and the four completed dwellings each had their own consent, thus enabling a code compliance certificate to be issued in respect of the four completed dwellings.

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2019/015: Regarding the refusal to extend the specified intended life of a house

This determination concerns the authority’s refusal to extend the specified intended life of a straw-bale house.  It considers whether the authority had the power to consent to the extension when written notice from the owner proposing to extend the life of the building was not received until after the previous specified life had expired.  The determination discusses the conditions on the consent and the reasons for the specified intended life, the form in which the authority may choose to give consent to extend that life, and the evidence available on the building’s performance.

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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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2019/013: 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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2019/012: Regarding the issuing of a building consent

This determination considers the authority’s decision to issue a building consent that was issued in error. A building consent was granted for building work that had already been completed or was near completion when the consent was issued. 

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2019/011: Regarding the substitution of solid timber framing with glue-laminated timber to the wall framing and trusses to a house

This determination considers the use of glue-laminated timber as framing to the walls and roof trusses of a house.  The glue-laminated framing was substituted during construction for solid timber described in the approved building consent without approval being sought.  The determination considers the compliance of the glue-laminated framing and whether the substitution could be considered a minor variation to the approved consent.

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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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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: