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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This determination considers an authority’s decisions to grant a building consent and issue a code compliance certificate for construction of a dwelling.
The determination turns on whether the design and construction of the timber pile foundations comply with Building Code Clause B1 Structure.
This determination considers whether a roof cladding system as installed on a house complies with Building Code Clause E2 External moisture.
Specifically, the determination considers how the perimeter edges of the profile metal cladding have been finished where it overhangs the gutters, along with the associated eaves flashing.
This determination considers the decision to issue a code compliance certificate for a building consent to construct a dwelling.
The determination also considers compliance with the Building Code of a deck, surface water drainage system in the vicinity of that deck and the foundation walls with Clauses B1 Structure, B2 Durability, E1 Surface Water and E2 External Moisture.
This determination considers an authority’s purported decision to refuse to grant a building consent for an extension to an existing shed. The determination considers the authority’s requirement for a geotechnical report prepared by a Chartered Professional Engineer with a practice field in geotechnical engineering.
This determination concerns the authority’s proposed refusal of a code compliance certificate. The determination considers whether the building work complies with the building consent, and whether particular elements of the building work comply with the relevant clauses of the Building Code.
This determination considers an authority’s purported refusal to grant a building consent for a proposed skillion roof design on an extension to an existing dwelling. The roof design is intended to comply with E2.3.5 by way of acceptable solution E2/AS1 for ventilation to this roof space.
This determination considers the decision by an authority to issue a notice to fix for a partially completed new single storey residential building. The determination considers whether the areas of work identified on the notice comply with the building consent and whether the foundations comply with Building Code clause B1.3.1.
The determination will consider if a proposed CCTV in the living space of two units in a new development complies with G7.3.2 for visual awareness of the outside.
This determination looks at the authority’s decision to refuse to grant a building consent for alterations to an existing multi-unit dwelling due to a dormer wall not being fire rated. The determination considers whether fire rating the wall is necessary to meet the requirements of section 112(1)(b) of the Building Act.
This determination considers an authority's purported decision to refuse to grant a building consent for an alteration to an existing workshop on a residential property. The determination considers whether a change of use is occurring with the proposed building work to create a sleep-out.
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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