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This determination is concerned primarily with the compliance of the building envelope to a 14-year-old house with autoclaved aerated concrete cladding. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the house complies with the requirements of the Building Code that was in force at the time the building consent was issued.

This determination considers the decision of the authority to grant a building consent and issue a code compliance certificate for a dwelling. The owner is of the view that several aspects of both the design and as-built construction do not comply with various clauses of the Building Code. The main issues relate to the weathertightness and stability of the dwelling.

This determination considers an authority’s decision not to grant building consent to a leaseholder for alterations to part of a building, based on the authority’s view that the seismic performance of the whole building was required to be upgraded. The determination discusses the requirement in section 115 for a building undergoing a change of use to comply, as nearly as is reasonably practicable, with the provisions of the Building Code relating to structural performance.

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.This determination considers the compliance of a pool that is wholly enclosed within a dwelling but that doesn’t have a physical barrier to restrict access by unsupervised children. The determination discussions the exemption from the requirement to have a barrier that was granted under the Fencing...

This determination considers an authority’s decision to refuse to grant a building consent subject to a waiver from Building Code clause D1.3.3(i) for the proposed construction of isolated steps between multiple bedrooms and prefabricated ‘pods’ containing sanitary fixtures at a multi-storey university student accommodation building. The determination considers the intended use of the building and whether the steps are on access routes.