Building Performance Menu Search

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.

You can also search for Determinations on Building CodeHub

Find a determination

Applying filters will narrow down your search results

Find a determination

Search results

172 Determinations match your query
Show detailed results

2024/021: Regarding the issuing of a notice to fix for a partially completed new single storey residential building

This determination considers the decision by an authority to issue a notice to fix for a partially completed new single storey residential building. The determination considers whether the areas of work identified on the notice comply with the building consent and whether the foundations comply with Building Code clause B1.3.1.

About this document

2024/013: An authority's purported refusal to grant a building consent for building work that may constitute a change of use

This determination considers an authority's purported decision to refuse to grant a building consent for an alteration to an existing workshop on a residential property. The determination considers whether a change of use is occurring with the proposed building work to create a sleep-out.

About this document

2024/006: The refusal to issue a certificate of acceptance for building work associated with a dwelling

This determination considers the authority's refusal to issue a certificate of acceptance for building work associated with a dwelling, that was carried out without building consent. The authority considered that Building Code clauses B1 Structure, B2 Durability, E2 External Moisture, G2 Laundering, G9 Electricity, G12 Water Supplies and H1 Energy Efficiency were not met. The determination considers the reasons for refusal set out in the authority’s refusal letter and subsequent report.

About this document

2023/019: Regarding the proposed refusals to issue two code compliance certificates for building work to construct and alter a dwelling.

The determination considers the authority’s proposed decisions to refuse to issue code compliance certificates for two separate building consents for the construction, and subsequent alterations, to a detached dwelling. The determination considers the authority’s reasons for the refusals and whether sufficient information has been provided to the authority for it to be satisfied the building work complies with the Building Code that applied at the time the building consents were granted.

About this document

2023/013: Regarding the refusal to grant an amendment to a building consent to allow a substitute roofing membrane

This determination considers whether the authority was correct to refuse to grant an amendment to the building consent for the substitution of one roofing membrane product for another. This determination also considers whether this substitution would have constituted a minor variation to the building consent.

About this document

2022/005: Compliance of building work with Building Code clauses B1 Structure and E1 Surface Water, that provide protection of other property

This determination considers whether building work to construct an extension to an existing deck, a new retaining wall, and other structures along a boundary between two properties, comply with Building Code Clauses B1 Structure and E1 Surface Water that provide for the protection of other property.

About this document

2025/023: Regarding the issue of three code compliance certificates and compliance of items of building work

This determination considers the issue of three separate code compliance certificates, related to three different building consents, for building work to make various alterations and additions to an existing detached dwelling. All three building consents were issued under the Building Act 1991.

This determination considers if the building work complies with the Building Code that applied at the time the building consents were granted.

About this document

2024/069: Regarding the compliance of building work with Building Code Clause E1 Surface water.

This determination considers whether the building work carried out at 189 Tanners Point Road relating to surface water collection and disposal complies with clause E1.3.1 as it relates to the protection of ‘other property’.

This turns on whether surface water collected or concentrated by buildings or sitework at 189 Tanners Point Road avoids the likelihood of damage or nuisance to 195 Tanners Point Road.

About this document

2024/061: Regarding a proposed notice to fix for the construction of a cable car building, two sets of stairways, and a toilet and shower building

This determination looks at building work to construct a cable car building, two sets of stairs, and the installation of a toilet and shower building at the property.

The determination considers the authority’s proposed decision to issue a notice to fix and the compliance of the stairways with Building Code Clauses D1 – Access routes and F4 – Safety from falling.

It considers whether there was a requirement to obtain building consent for the work carried out as well as whether the stairways require handrails and/or a barrier.

About this document

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: