Previous determinations

This determination discusses the approach to be taken in assessing documentation provided in support of a building consent application, and whether the documentation provided in this instance was adequate in terms of the decision to grant consent. The determination also addresses amendments to the consent and the compliance achieved.

This determination considers the compliance of the building work in light of a refusal to issue a code compliance certificate; the refusal was primarily on the grounds of concerns regarding weathertightness and durability of the exterior cladding given the building’s age and its history.

Discussed whether the external building envelop complies with Clause B2 Durability and Clause E2 External Moisture of the Building Code in force at the time consents were issued (under transitional provisions of the current Act section 436(3)(b)(i)).

Discussed whether there were reasonable grounds for a code compliance certificate to be issued where some building elements were no longer visible and inspections during building work were carried out by parties other than the authority.

This determination covered technical issues about a proprietary system provider’s methodologies and technologies relating to liquid and foaming injection timber treatment systems used to slow the rate of decay. Discussed whether timber treatment process is building work, and whether targeted treatment can be exempt from building consent under Schedule 1 of the Act as maintenance. Discussed impacts on bracing capacity, air volatility, and the use of drying skirts. Also mentioned the provision of new plans as opposed to copied plans.

Discussed building work exempt under Schedule 1 for which building consent is not required, compliance of building work with the Building Code in force at the time of construction, and amendment to a building consent to modify the durability periods and remove building elements that no longer exist. Also discussed the need for a certificate of acceptance for alterations carried out without building consent when consent was required.

Discussed whether the authority was legally entitled to place conditions on a building consent, particularly regarding a “quality assurance plan” in respect of potential timber remediation.

Discussed issuing a code compliance certificate for a building consent where the as-built construction differs from that consented, or where there is conflicting or insufficient detail in the consent, and the importance of considering whether the completed building work complies with the Building Code. Also discussed amending the consent to include the manufacturer’s maintenance schedule.