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 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.
Discussed the detailing of the window and the surfaces that were required to comply with Clauses E3.3.4 and E3.4.5 of the Building Code, and the compliance of the window as a whole with clause E3.3.6.
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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