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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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2025/040: An authority’s purported decision to refuse to grant a building consent in respect of a bamboo cladding system and accompanying appraisal.

This determination considers an authority’s purported decision to refuse to grant a building consent for a new dwelling with a proposed bamboo cladding system.

The reasons for the purported refusal come from the authority’s requests for further information and correspondence and relate to a BEAL appraisal certificate provided in respect of the bamboo cladding system.  

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2025/034: Refusal to grant a building consent amendment for the installation of uPVC joinery

This determination considers an authority’s decision to refuse to grant an application for an amendment to a building consent for the installation of new uPVC joinery installed as part of building work to alter to an existing building.

The determination considers the authority’s reasons for the refusal.

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2023/015: Decision to issue a code compliance certificate for the construction of the foundation and floor slab of a vehicle storage shed

This determination considers the exercise of power of decision by an authority to issue a code compliance certificate for building work to construct a foundation system and floor slab for a new vehicle storage and maintenance shed. The determination will consider whether the building work complies with the building consent and Building Code, taking into account all the information now available.

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2018/031: Issue of a notice to fix and whether a structure is a building

Note: This determination is subject to clarification

 

This determination considers the authority’s decision to issue a notice to fix for work carried out without building consent.  The determination turns on whether the structure is a ‘building’ under section 8 of the Building Act or is excluded from that definition by section 9 because it is a ‘boat ...used in navigation’.

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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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2016/015: Regarding the refusal to issue a certificate of acceptance for remedial work to the membrane roof and parapets of a house

This determination considers the authority’s decision to refuse to issue a certificate of acceptance for remedial work to a membrane roof and parapets. The determination reviews the reasons given for the refusal and discusses the lack of inspections, the information that was before the authority at the time of its decision, and whether the building work was exempt from the requirement to obtain a building consent.

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2015/005: The refusal to issue a code compliance certificate for a 12 year-old house completed under the supervision of a building certifier

Where a building certifier registered under the former Act ceased operating before the code compliance certificate was issued. Discussed whether there is sufficient evidence to establish the building work complies with the Building Code that applied at the time the building consent was granted, and what is the appropriate regulatory action by the authority and what certificate is to be issued.

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2015/037: Regarding the compliance of pool barriers for a swimming pool

Discussed the authority’s refusal to issue a building consent relating to compliance with Clause F4 of the Building Code for a proposed swimming pool and its barriers which included sliding doors and the use of security latches with lockable bolts.

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Understanding remote inspections

MBIE has developed guidance with steps to support building consent authorities looking to adopt remote inspections.

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: