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2019/003: Regarding the ground preparation for house foundations and whether this satisfied Clause B1 Structure

Note: This determination is subject to clarification

 

This determination considers the ground preparation to a site before a house with a proprietary foundation had been constructed. The site was in the Canterbury region and had been classified as TC2. The determination considers whether the site and its preparation meet Clause B1 Structure, and whether the authority was correct to issue the code compliance certificate in respect of this work.

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C6 Structural stability

Structural stability during fire: buildings remain stable during fire (likelihood of failure or collapse).

2023/002: Regarding the compliance of a pool barrier located close to a property boundary with Clause F9

This determination considers whether a proposed pool barrier near a property boundary complies with Building Code Clause F9. The determination looks at the requirements of the Acceptable Solution F9/AS1 as it relates to pool barriers near property boundaries and whether future changes a neighbour maybe a factor when considering Building Code compliance of the pool barrier.

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2022/010: The authority's refusal to grant a building consent for foundations, a deck, a roof structure, and the installation of a solid fuel heater

This determination considers whether the authority was correct to refuse to grant a building consent. The determination considers the authority's reasons for the refusal and whether sufficient information was included in the building consent application for the authority to be satisfied that the provisions of the Building Code would be met if the building work were properly completed in accordance with the plans and specifications under section 49 of the Building Act.

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2017/005: Regarding the code compliance of remediation work to a 15-year-old house

This determination considers the authority’s reasons for refusing to issue a code compliance certificate for remedial work to an existing house; and whether the work concerned complied with Clause B1, B2, and E2 of the Building Code. The building consent had been issued with requirements for quality assurance in relation to construction monitoring which was also the subject of the dispute between the parties.

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2025/008: An authority’s decisions to issue two notices to fix for a change of use and construction of tents without building consent

This determination considers an authority’s decisions to issue two notices to fix.

The determination considers whether the owner’s house had undergone a change of use in contravention of sections 114 and 115 of the Building Act 2004.

It also considers whether two tents installed on the property were exempt from the requirement to obtain a building consent under Schedule 1 of the Building Act.

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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.

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Garage classification guidance

How to classify freestanding, uninhabited garages in relation to failure.

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: