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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2015/034: Authority's exercise of powers in refusing to issue a code compliance certificate for a 1 year-old house with profiled metal roof cladding

Discussed the council’s refusal to issue of a code compliance certificate where the as-built work differs from that consented and was also not in accordance with the Acceptable Solution E2/AS1 or the manufacturer’s details, particularly relating to ridge flashings installed to a profiled metal roof. The determination reviewed the compliance of the as-built work against the performance requirements of the Building Code.

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2015/033: Regarding the compliance of repairs proposed to the tile roof of a 7 year-old house

Discussed the weathertightness and durability of proposed repairs that consisted of installing compressible seal strips to valley gutters beneath concrete roof tiles.

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2015/032: Refusal to issue a building consent for remedial work to improve weathertightness issues to a house with a code compliance certificate

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.

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2015/030: Regarding the refusal to issue a code compliance certificate for 17 year-old alterations and additions to a house

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.

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2015/029: Issue of a notice to fix and the refusal to issue a code compliance certificate for 11 year-old alterations to a 1970s solid timber house

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.

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2015/027: Regarding the issue of a code compliance certificate for 11 year-old additions and alterations to a house with monolithic cladding

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.

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2015/025: Regarding conditions on a building consent for the recladding of a house

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.

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2015/023: Regarding the refusal to issue a code compliance certificate for a house constructed with structural insulated panels

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.

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2015/020: Dispute over an amendment to a building consent to use uPVC window and door joinery to a house

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.

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2015/019: Regarding the refusal to issue a code compliance certificate for a 13 year-old house with masonry veneer

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.

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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: