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Implied contract terms

Implied contract terms for building work that is more than $30,000 if you have an oral or incomplete contract.

Building officials

Building officials have a key role to play in ensuring Aotearoa New Zealand’s regulatory building control system works effectively.

The Building Act 2004 aims to provide more certainty around the consenting and inspection of building work by setting out a registration and accreditation scheme and technical reviews.

2015/040: Regarding the refusal to issue a code compliance certificate for a 19 year-old house and 11 year-old alterations with stucco wall cladding

Discussed whether the external building envelop complies with Clause B2 Durability and Clause E2 External Moisture of the Building Code in force at the time consents were issued (under transitional provisions of the current Act section 436(3)(b)(i)).

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2017/072: Compliance of the ventilation system and the installation of kitchen appliances to a café kitchen

This determination is about matters associated with the fitout of a café kitchen located on the ground floor of a three-storey building.  The determination considers the installation and compliance of solid fuel cooking appliances installed in the café kitchen as part of the consented work, and the compliance of the ventilation system to the kitchen.

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2020/024: Regarding the grant of a building consent for alterations to a building

This determination considers whether alterations to a multi-level building on land subject to a natural hazard (flooding) are 'major alterations' in terms of section 71 of the Building Act. The authority was of the view that the alterations are major and granted building consent subject to a condition requiring notification on the property titles under section 73 of the Act. The determination discusses the relevant factors in assessing whether building work constitutes major alterations.

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2015/048: Compliance with the Building Code of proposed retrofitted urea formaldehyde foam wall insulation in a 60 year-old weatherboard clad house

This determination considers whether there was sufficient information provided in a building consent application to establish the compliance of the proposed building work. The determination discusses the approach to be taken in assessing alterations to existing buildings against the requirements of the Building Act, and applies this in respect of the proposed retrofitting of urea formaldehyde foam insulation to the 60 year-old weatherboard clad house.

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2024/054: The building code compliance and a failure to issue a notice to fix in relation to two tiled showers

This determination looks at building work to install two tiled showers to an existing dwelling.

The matter being determined is whether there was a failure to issue a notice to fix in relation to this work.

The determination considers if there was a requirement to obtain building consent before carrying out the work and whether the completed work complies with the requirements of Building Code Clause E3 Internal Moisture.

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2023/009: Regarding a proposal to issue a notice to fix and whether thirteen transportable units are vehicles or buildings

This determination considers an authority’s proposal to issue a notice to fix for what it considers is building work that has been carried out without building consent.

The matter concerns transportable dwellings, and the determination considers whether these are vehicles or buildings that come within the ambit of the Building Act.

Note: This determination was subject to appeal. The Determination was confirmed by the District Court. 

Read the appeal judgement

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2019/067: The decision to grant a building consent subject to notification under section 73 for a site adjacent to a coastal estuary

This determination considers whether land adjacent a coastal estuary is subject to a natural hazard; the hazard being inundation by rising sea level and by surface water flooding.  The applicants have built a house on the land under a building consent issued with section 73 condition.  The house has been specifically designed to mitigate the potential effects of any flooding on the building and the land.

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Regulatory requirements of the BCA accreditation scheme

This section of the website provides an overview of the Building (Accreditation of Building Consent Authorities) Regulations 2006 and the Building (Registration of Building Consent Authorities) Regulations 2007 that give operational effect to the building consent authority accreditation scheme. Each clause in the regulations is summarised.

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: