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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2023/016: Whether showers constructed without inbuilt seating or handrails comply with clause G1.3.4 of the Building Code

This determination considers whether alterations to a building, undertaken during the internal fit out of a wellness centre, comply to the extent required by the Building Act 2004. Specifically, it considers whether the showers in the float rooms, which have been constructed without inbuilt seating or handrails, comply with clause G1.3.4 of the Building Code. Clause G1.3.4 requires that personal hygiene facilities provided for disabled people are accessible.

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2020/032: Regarding the compliance of a soil fixture space without a hand basin with Building Code Clause G1 Personal hygiene

This determination considers the compliance of a soil fixture space which does not contain a hand basin. The determination discusses the term "immediately adjacent" and whether the soil fixture space without a hand basin complies with Building Code Clause G1 Personal hygiene by way of the Acceptable Solution G1/AS1 and if not whether the space complies with Clause G1 as an alternative solution.

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2018/063: Building Code compliance of the proposed location for large toilet paper dispensers in accessible public toilets

This determination considers the code compliance of large toilet paper dispensers installed in prefabricated public toilets - the location of the dispensers differs from that shown in the relevant Acceptable Solution.  The prefabricated toilets are built under a consent issued at the point of manufacture and relocated throughout the country using a separate buidling consent for the site installation.

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2017/019: The number of personal hygiene facilities in a school building undergoing alterations

This determination considers whether the proposed alterations, with a reduced number of toilets, will comply with the Building Code to the extent required by section 112.  The determination discusses the tests under section 112(b) in regards to a reduction in the level of performance achieved in the existing building.

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2010/001: Whether an existing shopping centre is insanitary under section 123 of the Building Act


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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: