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2023/024: Regarding the authority's proposed decision to refuse to issue a building consent in respect of the location of a pool barrier.

This determination considers the authority's proposed decision to refuse to issue a building consent for a pool house as compliance with clause F9 of the Building Code, Restricting access to residential pools, had not been demonstrated due to the lack of a barrier between the pool house and pool. The determination considers whether a pool house with bathroom, gym, changing facilities, kitchen/bar, lounge and roof deck, as well as rear patio area can be considered part of the immediate pool area.

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Planning a successful build

If you’re building or renovating, find out how to meet your legal obligations as a homeowner, owner-builder or building professional. Once you’ve scoped your project thoroughly, you’ll be able to work out whether you need any consents or specific tradespeople. Protect yourself and your contractors with contracts and insurance.

Applying for a CodeMark certificate

To apply for a CodeMark certificate you need to contact an accredited and registered product certification body.

Building owner rights and obligations

General building owner rights and obligations, with full requirements set out in the Building Act and its regulations.

Key roles and responsibilities

An overview of the roles and responsibilities of stakeholders in the building consent authority accreditation scheme.

2026/004: An authority’s decision to issue two notices to fix for building work carried out without consent

This determination considers an authority’s decision to issue two notices to fix for building work carried out at the owners’ property.

The notices allege contraventions of section 40 for building work carried out without consent, sections 114 and 115 for a change of use, and section 17 for non-compliance with the Building Code.

As part of the section 40 assessment, the determination considers whether the building work included in the notice to fix was the subject of a certificate of acceptance and whether it was exempt under Schedule 1. 

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2023/010: Regarding the authority’s decision to refuse to grant an application for a building consent for building work to enclose an existing carport

This determination considers the authority’s decision to refuse to grant a building
consent for alterations to an existing detached building. The determination considers
the authority’s reasons for refusal and whether sufficient information was included in
the building consent application for the authority to be satisfied that the provisions of
the Building Code would be met if the building work were properly completed in
accordance with the plans and specifications that accompanied the application.

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2021/012: Regarding alterations to install insulation in a skillion roof

This determination considers the compliance of a design to install insulation into a skillion roof and the authority's decisions to grant the building consent for that design and a code compliance certificate for the completed work. The determination considers whether the proposed building work would comply with Clause E3 Internal Moisture if the work was completed in accordance with the plans and specifications, and the performance of the building work as constructed with Clause E3.

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2017/007: Authority's exercise of its powers of decision to refuse to issue a building consent for a new house

This determination considers whether the authority was correct to refuse to issue a building consent on the grounds that it considered the proposed footing detail, which is an alternative solution, did not comply with Clause B1 of the Building Code. The determination compares the proposed footing detail with that set out in the Acceptable Solutions SH/AS1 and B1/AS1 in terms of its flexural and shear capacity.

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2018/012: Refusal to issue two code compliance certificates for alterations and additions to a house

This determination considers the compliance of alteration and additions to an existing two-storey house that was the subject of two building consents.  The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue code compliance certificates for the work.

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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: