Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding, but only in relation to each case.
Previous determinations may provide some useful guidance for those faced with similar problems, but note that individual circumstances may vary.
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Discussed whether the application for amendment to consent contained accurate and adequate information to demonstrate compliance with B1 Structure, B2 Durability and E2 External Moisture of the Building Code as an alternative solution.
Discussed issues relating to performance of building elements, including veneer walls, deck balustrades and deck overflow, exposed cedar rafter extensions and outriggers for compliance with B1 Structure, B2 Durability, E1 Surface Water and E2 External Moisture of the Building Code.
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.
Discussed whether masonry walls complied with Clause B1 of the Building Code that was in force at the time the consent was granted. Related to building work that was carried out without inspections, and whether there was sufficient evidence to establish compliance.
Where a building certifier registered under the former Act ceased operating before the code compliance certificate was issued. Discussed whether there is sufficient evidence to establish the building work complies with the Building Code that applied at the time the building consent was granted, and what is the appropriate regulatory action by the authority and what certificate is to be issued.
Discussed the protection of “other property” in relation to Clause B1.3.6, and whether exempt building work is required to comply with the Building Code. Also discussed the compliance of the retaining wall with Clause B1.3.1, and the appropriate regulatory action in relation to the issue of a code compliance certificate for work found to be not compliant.
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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:
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