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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2015/054: Rearding the refusal to issue a code compliance certificate for a 21 year-old house

This determination discusses the code compliance of a 21 year-old house set in a rural location. The determination also considers building elements that have satisfied their required durability requirements under Clause B2 and the maintenance of such items.

2015/050: Regarding the refusal to issue a code compliance certificate for a 19 year-old house with a 14 year-old addition

This determination considers the compliance of the building work in light of a refusal to issue a code compliance certificate; the refusal was primarily on the grounds of concerns regarding weathertightness and durability of the exterior cladding given the building’s age and its history.

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2015/049: Regarding the refusal to issue a code compliance certificate for alterations to an existing house

This determination considers the compliance of alterations to a house to extend an existing deck drain through roof space to a gutter, and the particular jointing method used. The determination discusses the required durability for the deck drain and considers current and future performance.

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2015/048: Compliance with the Building Code of proposed retrofitted urea formaldehyde foam wall insulation in a 60 year-old weatherboard clad house

This determination considers whether there was sufficient information provided in a building consent application to establish the compliance of the proposed building work. The determination discusses the approach to be taken in assessing alterations to existing buildings against the requirements of the Building Act, and applies this in respect of the proposed retrofitting of urea formaldehyde foam insulation to the 60 year-old weatherboard clad house.

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2015/040: Regarding the refusal to issue a code compliance certificate for a 19 year-old house and 11 year-old alterations with stucco wall cladding

Discussed whether the external building envelop complies with Clause B2 Durability and Clause E2 External Moisture of the Building Code in force at the time consents were issued (under transitional provisions of the current Act section 436(3)(b)(i)).

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2015/038: Regarding the refusal to issue a code compliance certificate for a 17 year-old house with stucco wall cladding

Discussed whether, given the age of the house, the authority could be satisfied that building work complied with the Building Code in relation to Clauses B1, B2 and E2 and modification of durability provisions to allow provisions to commence from the estimated date of substantial completion. Also that potential liability is not grounds for refusal to issue a code compliance certificate and modification of durability provisions.

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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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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: