Previous determinations

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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2024/035: The purported refusal to grant a building consent for a skillion roof and whether it complies with E2.3.5 by way of E2/AS1

This determination considers an authority’s purported refusal to grant a building consent for a proposed skillion roof design on an extension to an existing dwelling. The roof design is intended to comply with E2.3.5 by way of acceptable solution E2/AS1 for ventilation to this roof space.

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2024/036: The proposed refusal to issue a code compliance certificate for a house

This determination concerns the authority’s proposed refusal of a code compliance certificate. The determination considers whether the building work complies with the building consent, and whether particular elements of the building work comply with the relevant clauses of the Building Code.

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2020/030: Regarding the purported refusal to grant a building consent because of a dispute about the importance level of the building

This determination considers the authority's purported refusal to grant a building consent for proposed building work because the authority did not agree with the importance level proposed by the structural engineer. The determination discusses whether the subject building should be classified as Importance Level 2 or Importance Level 3 as set out in Australian/New Zealand Standard 1170.0. This standard is referenced by Verification Method B1/VM1, which is a means of compliance with Building Code Clause B1 Structure.

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2024/020: Compliance of a CCTV system relating to awareness of the outside

The determination will consider if a proposed CCTV in the living space of two units in a new development complies with G7.3.2 for visual awareness of the outside.

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2024/018: Regarding the refusal to grant a building consent for alterations to replace the external cladding of a dormer roof and window

This determination looks at the authority’s decision to refuse to grant a building consent for alterations to an existing multi-unit dwelling due to a dormer wall not being fire rated. The determination considers whether fire rating the wall is necessary to meet the requirements of section 112(1)(b) of the Building Act.

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2023/042: The compliance of a wall made of ponga logs with clauses B1 and B2 of the Building Code

This determination considers whether a wall made of ponga logs, that is located on or near a property boundary, is a 'retaining wall' and a 'building'. It also considers whether the structure complies with Building Code clauses B1 Structure and B2 Durability.

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2023/038: The authority's decision to issue a notice to fix for weathertightness remedial work to a 17-year-old building

This determination considers the authority's decision to issue a notice to fix. The matter concerns alleged contraventions with Building Code clause E2 External moisture, building work carried out other than in accordance with a building consent, and the timeframe and remedies in the notice.

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2023/037: The compliance of a waterproof membrane tanking system with Clause E2 of the Building Code

This determination considers whether the tanking system, applied to a blockwork retaining wall on a residential house, complies with the weathertightness requirements of Building Code clause E2 External Moisture.

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2023/030: The issue of a building consent, specifically in regard to three cladding details

This determination considers a building consent for the construction of a dwelling. The matter concerns the details for fixing infill panels that were proposed to be installed above and below windows, and above a garage door and entrance. The determination considers whether those details, as documented in the consent application, would comply with clause E2 External Moisture and B1 Structure, if the building work was constructed in accordance with the building consent.

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2019/033: Regarding the refusal to issue a code compliance certificate for a 22-year old house

This determination considers the authority’s refusal to issue a code compliance certificate where the building work was carried out without required inspections.  The determination considers the compliance of three areas identified by the authority in its refusal.

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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: