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2015/038: Regarding the refusal to issue a code compliance certificate for a 17 year-old house with stucco wall cladding

Discussed whether, given the age of the house, the authority could be satisfied that building work complied with the Building Code in relation to Clauses B1, B2 and E2 and modification of durability provisions to allow provisions to commence from the estimated date of substantial completion. Also that potential liability is not grounds for refusal to issue a code compliance certificate and modification of durability provisions.

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2015/084: Determination regarding the code compliance of fixings to plywood cladding on a 9-year-old house

This determination considers the compliance of nailing to plywood cladding to a house located in a sea spray zone: galvanised mild steel nails had been installed instead of stainless steel nails.  The determination considers the compliance of the plywood in relation to Building Code Clauses B1 Structure and E2 External moisture, and the remedial work done to date by the owner.

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2024/037: The authority’s decisions to issue two notices to fix.

This determination considers the authority’s decisions to issue two notices to fix to the owner. The notices were issued in relation to several structures at the owner’s property, as well as sanitary fixtures located in the garage and carport, and for a change of use of the garage. The determination considers whether there were grounds to issue the notices to fix, the form and content of the notices (including the remedies), and the application of section 167 of the Building Act 2004.

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2023/033: Regarding the compliance of, and decisions made by an authority in relation to, encroaching building work

This determination considers compliance of building work that encroached across the boundary between two properties with Building Code Clauses B1 Structure, B2 Durability and C3 Fire affecting areas beyond the fire source. The determination also considers the authority’s decisions to grant the original building consent, an amendment to that consent, and subsequent issue of the code compliance certificate, and the authority’s alleged failure to issue a notice to fix.

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Concrete masonry and weathertightness

Weathertight guidance for designers working on nonframed structural systems such as concrete masonry.

Building Code consultation receives more submissions than last five years combined

Over 700 submissions have been received for this year's Building Code update, more than the last five years combined.

2025/042: An authority’s decision to issue a notice to fix for a mixed-use building

This determination considers whether a change of use occurred as a result of building work to increase the number of bedrooms for an existing residential unit in a mixed-use building.

The determination discusses the features and arrangements of the unit and the authority’s decision to then issue a notice to fix. It also discusses whether the unit is classified as a ‘detached dwelling’ under Building Code Cause A1 Classified Uses.

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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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2019/044: Regarding the code compliance of a domestic garage and driveway and the issue of a building consent and code compliance certificate

This determination considers the compliance of a domestic garage and driveway with Building Code Clause D1 Access routes, including whether their dimensions are appropriate for the intended use. It also considers whether the building consent authority was correct to grant the building consent and code compliance certificate, and whether a proposal to widen the garage doorway (from 2.31 m to 2.8 m) would result in compliance.

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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: