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2020/023: The refusal to issue a code compliance certificate for building work

This determination considers the authority's decision to refuse to issue a code compliance certificate for a new dwelling because it was not satisfied that the completed work complied with the Building Code. The compliance decision rested on the authority's view it was unable to accept producer statements from an engineer who had inspected the completed work; the statements are in respect of the verification of the ground bearing and the completion of a surface water soakage trench.

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New retention money requirements take effect from 5 October 2023

New requirements to protect subcontractors who have retention money withheld from them commence on 5 October 2023.

Resolving problems

Building projects often involve a number of people working together for the first time, in an environment that is vulnerable to nature, unforeseen events and potential delays.

Make sure you understand your rights and obligations.

Some issues that can arise during a project include:

Implied contract terms

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

2022/008: Compliance of a timber retaining wall with Building Code clauses B1 Structure and E1 Surface Water that provide protection of other property

This determination considers whether building work to construct a new retaining wall close to the boundary between two properties complies with Building Code clauses B1 Structure and E1 Surface water that have the purpose of protecting other property.

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2015/016: Regarding the compliance of repairs to a foundation slab of a house

Determination arose from repairs carried out as exempt building work by the Project Management Office as established by the Earthquake Commission, and whether the repaired concrete floor slab on ground subject to liquefaction and categorised as Foundation Technical Category 2 (TC2) complies with the Building Code. Discussed whether the work required building consent or was exempt under Schedule 1 (a) and whether the repair work constitutes a “substantial” replacement.

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2016/016: Regarding the code-compliance of a zero pitch roof system

The determination considers whether zero pitch protected liquid-applied membrane roofs will comply in regards to weathertightness and durability if constructed as specified by the manufacturer. The determination provides analysis of the evidence in support of the membrane in this use, sets out the design parameters for buildings for which the waterproof membrane would be used, and discusses drainage, resistance to water, and whether there is reliance on other components of the roofing system.

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2021/004: Regarding the proposed decision to grant a building consent conditional on a natural hazard being recorded on the property title

This determination discusses the correct interpretation of the natural hazards provisions in the Building Act (sections 71 to 74). It considers whether measures to mitigate a rockfall natural hazard constitute “adequate provision” to protect the land and buildings from the hazard.

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Getting to grips tool - helping you navigate the residential guidance

A tool to help you navigate the guidance Repairing and rebuilding houses affected by the Canterbury earthquakes

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: