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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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2017/039: Refusal to issue a code compliance certificate for a 15-year-old house with monolithic cladding

The determination arises from the authority’s refusal to issue a code compliance certificate for a 15-year-old house with a monothic cladding. The determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code with respect to weathertightness and durability.

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2017/038: Refusal to issue a code compliance certificate for a 10-year-old commercial building

The determination arises from the authority’s refusal to issue a code compliance certificate for a 10-year-old commercial building due to concerns about the compliance of the roof with respect to Clause E2 External moisure, and Level 3 with respect to Clause G4 Ventilation. The determination considers the compliance of the building and the authority’s reasons for declining the code compliance certificate.

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2017/037: Refusal to issue code compliance certificates for a 13-year-old house with brick and weatherboard claddings, and a swimming pool

This determination considers the authority’s decision to refuse to issue the code compliance certificates for the 13-year-old house and the swimming pool. The determination discusses the authority’s refusal to inspect the building work and whether there was sufficient evidence of compliance in order to issue the code compliance certificates.

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2017/036: Change of use in respect of building work carried out to create a 12 bedroom building with an associated sleepout

This determination considered whether there was a change of use for the purpose of sections 114 and 115, in regard to building work carried out to increase the number of bedrooms in a building to 12.

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2017/035: Refusal to issue a code compliance certificate for an 18-year-old house

This determination is concerned with the compliance of an 18-year-old house. The determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.

2017/034: Refusal to issue a code compliance certificate for a townhouse in a 24-year-old building with monolithic cladding

This determination concerns the compliance of a 24-year-old townhouse. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the townhouse complies with the requirements of the Building Code.

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2017/033: Refusal to issue a code compliance certificate for a 13 year old monolithic clad dwelling

This determination concerns the compliance of a 13 year old house with monolithic cladding. The determination considers the authority’s reasons for refusing to issue the code compliance certificate, and whether the house complies with the requirements of the Building Code.

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2017/032: Regarding the issue of an insanitary building notice in respect of a dwelling

This determination concerns an insanitary building notice issued for a dwelling without potable water supplies or sanitary facilities and where the cladding was left incomplete for 10 years. The determination discusses who the notice should have been issued to, the remedies provided for in the notice, and whether the building is insanitary and on what grounds.

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2017/031: The code compliance of a proposed shower area in a new house

This determination considered the detailing of the window and the surfaces required to comply with Clauses E3.3.2 and E3.4.5 of the Building Code, and the compliance of the window as a whole with Clause E3.3.6.

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2017/030: Two notices to fix issued in relation to a relocated house and shed

This determination concerns two notices to fix: one issued in relation to foundations and flooring constructed for a shed without building consent and the other for work to reclad a relocated house. The determination discusses the scope of the building work covered by the building consent for the relocated house, the extent of compliance required by the Act, and whether the building work complies.

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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: