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2018/062: Authority’s refusal to issue a code compliance certificate for a 17-year-old house with monolithic cladding

Note: to be read in conjunction with Determination 2017/008.

This determination considers a second refusal to issue a code compliance certificate for a now 17-year-old house with monolithic cladding that was the subject of a previous determination.  This determination discusses the validity of the refusal with regard to the time in which a building consent authority must make a decision, and the relationship between the requirement to give reasons for refusing to issue a code compliance certificate and the issue of a notice to fix.  The determination considers the information the authority had before it at the time it made its decision and whether the items identified by the authority are compliant with the Building Code.

Determination 2018/062 [PDF 320 KB] Date issued: 10 December 2018

About this document

Primary Building Code clause:
E2 - External Moisture
Also related to:
B1 - StructureF4 - Safety from fallingF7 - Warning systemsG3 - Food preparation and prevention of contaminationG13 - Foul waterB2 - Durability
Primary topic:
Weathertightness (remedial work)
Council:
Auckland Council
Section of the Building Act:
93, 95A
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Change of use and fire safety requirements

Check the requirements before you change the use of a building.
Managing buildings > Change of use and alterations > Fire safety requirements

Te Pae – our online portal

Te Pae provides organisations and the public a way to engage, access and submit information to MBIE
Te Pae – our online portal

First steps - self-resolution

Try to resolve any problems yourself, by checking the facts, communicating well and documenting decisions.
Resolving problems > Resolution options > First steps - self-resolution

Consumer protection measures (Contractors: Do your homework)

The key consumer protection measures related to residential building work.
Getting started > Your rights and obligations > Builder and designer rights and obligations > Contractors: Do your homework > Consumer protection measures

Step 5: If required, territorial authorities consider if discretion applies to the application

Certain criteria are required for discretion to proceed with an alteration that does not comply with the requirements.
Building Code compliance > B Stability > B1 Structure > Altering an existing building > Demonstrating and assessing compliance for buildings undergoing alterations > Step 5: If required, territorial authorities consider if discretion applies to the application

Fire Engineering Brief (FEB) (Alternative solutions for Building Code clause C Protection from Fire)

The FEB process involves discussion on analysis methods and design acceptance criteria with key stakeholders.
Building Code compliance > C Protection from fire > C1 Objectives of Clauses C2 to C6 > Alternative solutions for clause C Protection from Fire > Fire Engineering Brief (FEB)

Non-structural timber issues relating to Building Code clause B1

Check whether appropriate timber has been used in prefabricated frames and trusses.
Building Code compliance > B Stability > B1 Structure > Non-structural timber issues

2015/038: Regarding the refusal to issue a code compliance certificate for a 17 year-old house with stucco wall cladding

Discussed whether, given the age of the house, the authority could be satisfied that building work complied with the Building Code in relation to Clauses B1, B2 and E2 and modification of durability provisions to allow provisions to commence from the estimated date of substantial completion. Also that potential liability is not grounds for refusal to issue a code compliance certificate and modification of durability provisions.

Determination 2015/038 [PDF 136 KB] Date issued: 14 June 2015

About this document

Primary Building Code clause:
E2 - External Moisture
Also related to:
B2 - Durability
Primary topic:
Weathertightness
Council:
Southland District Council
Show details

Module 2: Geotechnical investigations for earthquake engineering

Module 2 of the geotechnical guidelines provides guidance on geotechnical investigation for earthquake engineering.
Building Code compliance > B Stability > B1 Structure > Module 2: Geotechnical investigations for earthquake engineering
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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: