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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2015/033: 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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2015/030: 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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2015/020: 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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2015/017: Regarding the refusal to issue a code compliance certificate for 12 year-old alterations to a house with stucco wall cladding

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.

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2015/015: The refusal to issue a code compliance certificate for a 16 year-old house with monolithic and brick veneer claddings

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.

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2015/008: Regarding the refusal to issue a code compliance certificate for 18 year-old additions and alterations to a house

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 maintenance to external envelope to ensure it protects the underlying structure for the minimum required life of 50 years, and the modification of durability periods.

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2015/001: Regarding the refusal to issue a code compliance certificate for a 16 year-old house with mixed claddings

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 whether it is reasonable to grant a modification to durability provisions in Clause B2 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: