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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.

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2021/025: Regarding compliance of timber shiplap weatherboards, coated with black paint, installed on a dwelling

This determination considers whether pine vertical timber shiplap weatherboards, painted black, comply with the Building Code Clause B2 Durability, as it relates to Clause E2 External Moisture. The determination considers a number of factors that contribute to Building Code compliance.

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2025/025: An authority’s decision to grant a building consent under section 72 and whether the building work was major alterations

This determination considers an authority’s decision to grant a building consent under section 72 of the Building Act 2004, which meant that a natural hazard notice was entered on the property’s record of title.

The determination considers whether the building work was ‘major alterations’ for the purpose of the natural hazard provisions of the Act.

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2025/019: The issue of a notice to fix for building work carried out without a building consent

This determination considers an authority's decision to issue a notice to fix to property owners regarding two self-contained units constructed on their land.

The owners disputed the notice, arguing that the units were vehicles, not buildings, and therefore did not require building consent.

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2025/002: An authority’s proposed refusal to grant a building consent for two multi-unit buildings in relation to the application of C/AS1 Part 5

This determination considers an authority’s proposed refusal to grant a building consent for two multi-unit buildings.

The determination considers the application of Acceptable Solution C/AS1 paragraph 5.1.1 for the proposed external wall design in relation to control of external fire spread.

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2024/057: The compliance of one unisex toilet in a new industrial workshop building with clause G1.3.1 of the Building Code

This determination considers the number of sanitary fixtures required for a new industrial workshop building to comply with Building Code Clause G1 Personal Hygiene.

This determination discusses the building occupancy methods set out in Acceptable Solution G1/AS1 to determine the required number of sanitary fixtures.

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2024/031: Regarding the compliance of building work with Building Code clause E1.3.1 Surface water

This determination considers whether the building work carried out at 57 Pomona Road complies with E1.3.1 as it relates to the protection of ‘other property’ at 53 Pomona Road. This turns on an assessment of whether the building work has concentrated or directed surface water in a way that could cause nuisance or damage to 53 Pomona Road.

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2017/062: Grant of a building consent with a section 37 certificate for a house

This determination considered whether the authority’s decision to grant a building consent with an attached section 37 certificate that did not include a planning noncompliance that was not identified in the certificate. The determination also considers whether the authority could place a section 37 tag on the building work after the building consent had been issued.

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2017/058: Notice to fix and whether a structure on wheels is a building

This determination considers the definitions of building and vehicle under section 8, and whether a structure modified to attach wheels and a drawbar is a building for the purposes of the Building Act. The determination also discusses the particulars of contravention/non-compliance described in the notice to fix.

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2017/037: Refusal to issue code compliance certificates for a 13-year-old house with brick and weatherboard claddings, and a swimming pool

This determination considers the authority’s decision to refuse to issue the code compliance certificates for the 13-year-old house and the swimming pool. The determination discusses the authority’s refusal to inspect the building work and whether there was sufficient evidence of compliance in order to issue the code compliance certificates.

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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: