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.
You can also search for Determinations on Building CodeHub
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This determination considers the decision by the authority to issue a building consent with a section 37 certificate attached. The determination discusses what the section 37 test ‘will or may materially affect building work’ means.
This determination considers whether a building consent authority correctly issued a notice to fix in relation to two relocated units. The units, which are on wheels, were built in another district and then transported to the applicant’s property. The determination looks at whether building work requiring a building consent was carried out at the property.
Note: The decisions in this determination were reversed on appeal to the District Court. See: Alan Dall v MBIE (District Court, Christchurch, 19 February 2020, CIV-2019-085-000404).
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.
This determination considers whether the authority correctly exercised its powers in refusing to issue a building consent for a new house with a fixed glazing system.
This determination considers the authority’s decision to issue notices to fix for demolition work carried out without building consent. The determination turns on whether the building is 'detached' and accordingly whether demolition of the building is exempt building work under Schedule 1.
This determination considers whether a structure 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.
This determination considers whether a frost fan falls within the definition of "building", and whether building consent is required for its installation. The determination also discusses exemptions under Schedule 1 of the Building Act and the authority's requirement for an electrical works certificate
This determination considers whether the authority was correct to refuse to grant an exemption under Schedule 1(2) for work to reclad a house. The determination also discusses whether the cladding was likely to be exempt from the requirement for a building consent under Schedule 1(1).
This determination considers a notice to fix issued for the installation of a solar water heating system without building consent being obtained. The matter turns on whether installation of the system including the solar collectors was exempt under Schedule 1.
This determination considers the definitions of building and vehicle under section 8, and whether a structure modified to attach wheels and a drawbar is a building for the purposes of the Building Act. The determination also discusses the particulars of contravention/non-compliance described in the notice to fix.
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:
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