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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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2021/019: Regarding the compliance of a swimming pool barrier that incorporates an existing balcony balustrade

This determination considers the compliance of a pool barrier that incorporates a balcony balustrade. In determining whether the barrier achieves the compliance with Clause F9 Means of Restricting Access to Residential pools of the Building Code, the determination assesses the barrier against the Acceptable Solution F9/AS1 and as an alternative solution.

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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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2019/049: The refusal to issue a code compliance certificate for a 20-year-old house with monolithic cladding

This determination considers an authority’s refusal to issue a code compliance certificate for a 20-year-old house principally due to concerns about its compliance with Building Code Clause E2 External moisture. The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code.

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2020/010: Regarding the compliance of openings in a first floor external wall with Clause F4 Safety from falling

This determination considers the compliance of existing windows that are proposed as openings in the first floor of a building with respect to Clause F4 Safety from falling. The determination also considers whether the authority was correct to purportedly refuse to issue the building consent for this work.

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2020/008: The refusal to issue a code compliance certificate for a 20-year-old house with monolithic cladding

This determination considers the refusal to issue a code compliance certificate for a 20-year-old house due to concerns about its compliance with Building Code Clause E2 External moisture. The determination considers the authority’s reasons for the refusal and performance of the building envelope with the requirements of the Building Code.

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2019/016: Regarding the refusal to amend a building consent for five detached dwellings

This determination considers the modification of a building consent issued for five detached dwellings; four dwellings were completed and one was not.  The owners of the four completed dwellings applied to the authority to modify the consent so the incomplete dwelling and the four completed dwellings each had their own consent, thus enabling a code compliance certificate to be issued in respect of the four completed dwellings.

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2019/004: Decisions to refuse to issue a code compliance certificate and to issue a notice to fix in respect of a solid fuel heater

Note: This determination is subject to clarification

 

This determination concerns an as-installed solid fuel heater installed without the clearance behind it that was described in the manufacturer’s installation instructions.  The determination considers the compliance of heater and a notice to fix issued in respect of this work.

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2019/013: Regarding the refusal to issue a code compliance certificate for the relocation of and 18-year-old alterations to a house

This determination considers the compliance of consented work for the relocation of an existing building onto a new site and alterations to the building.  The authority refused to issue the code compliance certificate for the work because of concerns over the performance of a membrane roof to a new extension built as part of the relocation consent. 

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2018/050: Notice to fix issued for the change of use of a house

This determination considers whether the building has undergone a change of use and the exercise of the authority's powers in issuing a notice to fix for failure to notify the change of use. The determination considers the use category and whether compliance requirements in the new use are additional or more onerous than the requirements related to the old use.

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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: