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.
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This determination discusses the Building Code obligations in Clauses B1.3.6(b) and E1.3.1 for the proposed building work in respect of the likelihood of damage to an adjacent property. The concerns raised were the effect of any additional load in relation to an underground water system, spring, or puna and an adjacent Māori reservation.
This determination considers whether a surface water drain complies with Building Code Clause E1 Surface water: the drain collects water from a roof and is connected to a kerb sump and not directly to a surface water drain. The authority considers the connection to the sump was contrary to the means of compliance stated in the building consent, being the Acceptable Solution for Clause E1, and that approval should be sought for the work as a minor variation to the consent.
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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