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2020/003: Whether a consented apartment building with a single escape route requires smoke lobbies on the ground floor

This determination considers the granting of a building consent and whether a proposed three-storey apartment building with a common stairwell requires smoke lobbies in the ground floor apartments in order to comply with the Building Code by means of the Acceptable Solution C/AS2. The ground floor apartments have alternative egress routes and the common stairwell is the single escape route for the occupants of upper floors.

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The latest Biennial BCA Accreditation Report has been released

The Ministry of Business, Innovation and Employment (MBIE) has published its two-yearly building consent authority (BCA) accreditation report, which summarises the results from round seven of accreditation assessments that were carried out by International Accreditation New Zealand (IANZ).

Implied contract terms

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

2023/006: Regarding the compliance of a bracing design for a single-storey dwelling

This determination considers whether the bracing design for two external walls of a
single-storey timber-framed dwelling complied with the Building Code. In deciding this
matter, I have considered whether the bracing design complied with the means of
compliance stated in the building consent application, which was New Zealand
Standard NZS 3604:2011 Timber-framed buildings.

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2021/020: Regarding the refusal to issue a code compliance certificate for 23-year old alterations to a residential dwelling

This determination considers whether an authority was correct to refuse to issue a code compliance certificate for a building consent granted in 1998 under the former Building Act 1991. The determination will discuss the reasons given by the authority for the refusal, and how they relate to Building Code clauses B1 Structure, B2 Durability, E1 Surface Water, and E2 External Moisture that applied in 1998.

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2018/032: Open risers in an existing building undergoing alterations

This determination considers the authority’s refusal to grant an amendment to a building consent for alterations.  The applicant seeks to remove the requirement to close risers to the single set of stairs providing access to the upper level.  The determination discusses the application of section 112(1)(a) in the circumstances, and the assessment of compliance with Clause D1 Access routes to the extent "as nearly as is reasonably practicable"

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2024/004: Regarding the refusal to carry out a final inspection and issue a code compliance certificate for a 22-year-old house

This determination considers an authority's decision to refuse to issue a Code Compliance Certificate for a building consent granted in 2000 under the former Building Act 1991. The determination will discuss the reasons given by the authority for the refusal, and how they relate to Building Code clauses B1 Structure, B2 Durability, E2 External moisture that applied in 2000.

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2020/011: Regarding the refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions

This determination considers an authority’s refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions principally for reasons to do with the performance of the building envelope. The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code requirements in force when the building consent was issued.

2016/054: Regarding the decision to issue a code compliance certificate in respect of earthquake repairs to a house

This determination considers a request by the authority to reverse its decision to issue a code compliance certificate; the authority became aware that the building work was not compliant with the building consent or with the Building Code. The determination discusses the scope of the authority's powers in respect of withdrawing code compliance certificates, and concludes that this can only be done through a determination.

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2016/041: Proposed refusal to issue a code compliance certificate due to variations in level and surface tolerances

This determination considers the level and tolerances in surface finish to the concrete floor slab and consequential variations in the timber framing to a two-story house.  The determination considers the compliance of the slab in relation to loss of amenity under Clause B1 Structure, and the application of the appropriate standards cited in the building consent.

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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: