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.
You can also search for Determinations on Building CodeHub
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This determination considers two houses damaged in the Canterbury earthquake sequence and whether the information provided in support of the building consent for the repair of the buildings was sufficient for the authority to be able to grant the consent.
This determination considers the authority’s exercise of its powers of decision in relation to a notice to fix issued for a house with monolithic cladding. The determination discusses the relevant standards at the time of construction and whether the notice to fix should have required replacement of the untreated timber framing used with treated timber.
This determination considers whether the authority correctly exercised its powers in refusing to issue a building consent for a new house with a fixed glazing system.
This determination considers the compliance of a wall to floor junction in a shower with Clauses E3 Internal moisture and B2 Durability of the Building Code.
This determination considers the compliance of a 14-year-old building. The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.
This determination is concerned with the compliance of a concrete slab with Clause B1 Structure. The determination considers whether the authority was correct to issue a notice to fix in relation to the concrete slab.
This determination considers the compliance of the second stage of a house built with rammed-earth walls used as a structural element and as a cladding. The determination considers the compliance of the as-built work, the on-going maintenance of the rammed-earth walls, and whether the authority was correct in declining to issue a code compliance certificate for the work.
Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Auckland Council v Jayashree Limited (District Court, Auckland, 14 February 2019, CIV-2018-004-00820).
Read appeal judgement [PDF 503KB].
This determination considers whether the authority was correct to issue a notice to fix in regard to unconsented building work and a change of use from a single house to sleeping accommodation. The determination also considers the authority’s decision regarding the certificate of acceptance.
This determination considers the compliance of consented alterations to an existing house where some inspections during the construction had not been completed by the authority. The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue a code compliance certificate for the work.
This determination considers the compliance of alteration and additions to an existing two-storey house that was the subject of two building consents. The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue code compliance certificates for the work.
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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