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

86 Determinations match your query
Show detailed results

2016/020: The refusal to issue a code compliance certificate for an 8-year-old house

This determination considers the authority’s decision to refuse to issue a code compliance certificate for a house; the authority’s concerns were chiefly to do with the weathertightness and durability of the exterior envelope. The determination discusses the authority’s reasons for the refusal, and whether there was sufficient evidence of compliance in order to issue a code compliance certificate.

About this document

2016/011: Regarding the issue of a notice to fix for a pit latrine, showering shed, water supply system, and two Shepherd's huts

This determination involves a number of small structures constructed on a rural property without building consent first being obtained; it was the owners’ understanding that the building work was exempt under Schedule 1. The determination discusses whether the two shepherd’s huts are buildings, and the clauses of the Building Code that apply in respect of the pit latrine, a latrine with a chemical toilet, the showering shed and the water supply system.

About this document

2015/055: Regarding the code compliance of building work in a new house

This determination considers whether there was sufficient information provided in a building consent application to establish the compliance of the proposed building work, and whether the building work as constructed complies with the Building Code.

2015/054: Rearding the refusal to issue a code compliance certificate for a 21 year-old house

This determination discusses the code compliance of a 21 year-old house set in a rural location. The determination also considers building elements that have satisfied their required durability requirements under Clause B2 and the maintenance of such items.

2015/031: Refusal to issue compliance certificates for a 12 year-old shop, 8 year-old toilet block and alterations to a building consent

Discussed building work exempt under Schedule 1 for which building consent is not required, compliance of building work with the Building Code in force at the time of construction, and amendment to a building consent to modify the durability periods and remove building elements that no longer exist. Also discussed the need for a certificate of acceptance for alterations carried out without building consent when consent was required.

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: