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 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.
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 weathertightness of the external envelope, and transitional provisions around code compliance certificates for work completed under a building consent issued under the former Act.
Discussed the weathertightness and durability of exterior wall cladding, including components of monolithic EIFS overlay wall cladding, the underlying original aluminium faced solid wall planks and the windows, as well how the components were installed and worked together.
Discussed the issue of a code compliance certificate without wording to record that a modification of Clause B2.3.1 had been made, and whether there is a requirement under the Act for modifications of the Building Code to be noted on the code compliance certificate.
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 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.
Discussed whether the stucco wall cladding as installed complies with Clause B2 and E2 of the Building Code. Also discussed whether a modification of durability provisions is appropriate.
Discussed whether the building work complied with the Building Code current at the time the consent was issued and whether a code compliance certificate should be issued. Also discussed requirements for energy work certificates under section 94(3) of the Act, and producer statements.
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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