Previous determinations

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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152 Determinations match your query
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2025/004: Compliance of a step on an access route to a toilet facility

This determination considers the compliance with Building Code Clause D1 Access Routes of an external step to a toilet facility constructed as part of a new warehouse building. 

The determination considers whether the step is on an access route and whether it complies with clause D1.3.3(i).

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2025/003: Refusal to grant a building consent for the construction of a lift in an existing commercial building

This determination concerns an authority’s decision to refuse to grant an application for a building consent to install a new lift into an existing two‐storey commercial building.

The determination considers the authority’s reasons for the refusal and whether the new lift complies with the Building Code clause D2 if required by clause D1.3.4. The determination will also consider whether to grant a waiver or modification in respect of those clauses.

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2024/061: Regarding a proposed notice to fix for the construction of a cable car building, two sets of stairways, and a toilet and shower building

This determination looks at building work to construct a cable car building, two sets of stairs, and the installation of a toilet and shower building at the property.

The determination considers the authority’s proposed decision to issue a notice to fix and the compliance of the stairways with Building Code Clauses D1 – Access routes and F4 – Safety from falling.

It considers whether there was a requirement to obtain building consent for the work carried out as well as whether the stairways require handrails and/or a barrier.

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2024/032: Regarding compliance with Building Code Clause D1 of a pedestrian walkway located in a retirement village

This determination considers whether a sloped pedestrian walkway between two levels of a retirement village is required to comply with clauses of Building Code Clause D1 that concern accessible routes. It also discusses the requirements in the Building Act for accessible routes in relation to different types of buildings within the village.

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2024/023: Regarding the refusal to grant a building consent for alterations to an existing dwelling

This determination considers the authority’s refusal to grant a building consent for alterations to an existing dwelling. The authority considered that the building consent could not be granted for a range of reasons, including a lack of documentation, construction details, and conflicting information in the plans. This determination considers the reasons for refusal set out by the authority in its letter.

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2024/016: The issue of a notice to fix for building work associated with a two storey sleepout building with sanitary fixtures

This determination considers the issue of a notice to fix for building work associated with a two storey sleepout building with sanitary fixtures. The determination considers whether the building work was exempt from the requirement to obtain a building consent under Schedule 1, and whether adequate particulars were set out in the notice to fix (in regards to both section 40 and section 17). It also discusses several issues relating to the notice to fix framework.

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2023/040: An authority’s decision to refuse a waiver or modification for two isolated steps

This determination considers an authority's decision to refuse to grant, by way of building consent, a waiver or modification of Building Code clause D1.3.3(i) to authorise construction of two isolated steps in a retail unit.

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2023/039: Compliance of handrails to an external stair with Clause D1 Access routes

This determination considers whether building work carried out to install two handrails to an external stair to a dwelling complies with Building Code Clause D1 Access routes. The determination considers whether the as-built handrails are "graspable" in accordance with clause D1.3.3(j), and the requirements of the relevant acceptable solution.

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2023/035: Whether proposed alterations to a dwelling to replace internal stairs with a lift comply with Clause D1 Access routes

This determination considers whether proposed building work to alter an existing dwelling to replace an internal stair with a lift will comply with Building Code Clause D1 Access routes. The determination considers whether, regardless of the lift, a stair is also required to allow access between floors, to comply with clause D1.3.3(e), when both floors have access to the ground outside.

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2019/044: Regarding the code compliance of a domestic garage and driveway and the issue of a building consent and code compliance certificate

This determination considers the compliance of a domestic garage and driveway with Building Code Clause D1 Access routes, including whether their dimensions are appropriate for the intended use. It also considers whether the building consent authority was correct to grant the building consent and code compliance certificate, and whether a proposal to widen the garage doorway (from 2.31 m to 2.8 m) would result in compliance.

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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: