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.

You can also search for Determinations on Building CodeHub

Find a determination

Applying filters will narrow down your search results

Find a determination

Search results

1893 Determinations match your query
Show detailed results

2020/015: Regarding the refusal to issue a code compliance certificate for building work on a relocated house

This determination considers the authority's refusal to issue a code compliance certificate due to building work to strengthen the existing roof of the house. The determination considers the as-built compliance of the building with Building Code Clause B1 Structure.

About this document

2020/014: Regarding the authority's refusal to grant an amendment to a building consent

This determination considers the authority's refusal to issue a building consent for a revised timber remediation methodology and window joinery flashing system. The determination considers whether sufficient information was provided to the authority during the building consenting process.

About this document

2020/013: Regarding the refusal to issue a certificate of acceptance

This determination considers an authority's refusal to issue a certificate of acceptance for internal work to construct two rooms inside a pole shed. The determination discusses the scope of the work covered by the application for a certificate of acceptance and the reasons given for the refusal.

About this document

2020/012: Regarding compliance of building work with Building Code Clause E1 Surface water and the decision to issue a notice to fix in respect of it

This determination considers whether a depression on semi-rural property can be considered a suitable outfall for a surface water drainage system. The authority issued the notice to fix because it considered the drainage system had not been constructed in accordance with the consented plans. The determination considers the compliance of the outfall and whether the authority was correct to issue the notice to fix

About this document

2020/011: Regarding the refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions

This determination considers an authority’s refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions principally for reasons to do with the performance of the building envelope. The determination considers the authority’s reasons for the refusal and whether the items identified by the authority are compliant with the Building Code requirements in force when the building consent was issued.

2020/010: Regarding the compliance of openings in a first floor external wall with Clause F4 Safety from falling

This determination considers the compliance of existing windows that are proposed as openings in the first floor of a building with respect to Clause F4 Safety from falling. The determination also considers whether the authority was correct to purportedly refuse to issue the building consent for this work.

About this document

2020/009: Regarding the compliance of a washing machine and an instantaneous water heater with the Building Code

This determination considers the compliance of a washing machine with Clause G13 Foul water of the Building Code. The determination also considers the compliance of an instantaneous water heater without a safe tray with Clauses E3 Internal water and G12 Water supplies.

About this document

2020/008: The refusal to issue a code compliance certificate for a 20-year-old house with monolithic cladding

This determination considers the refusal to issue a code compliance certificate for a 20-year-old house due to concerns about its compliance with Building Code Clause E2 External moisture. The determination considers the authority’s reasons for the refusal and performance of the building envelope with the requirements of the Building Code.

About this document

2020/007: Regarding the compliance of sub-floor fixings to the foundations of a house

This determination considers whether some of the fixings in the subfloor framing to a house meet Building Code Clause B1 Structure. The house was built under a building consent in respect of work described in a national multiple-use approval issued under section 30F of the Act. The matters in dispute arise from the on-site substitution of galvanised rolled steel bearers that have a different profile to that described in the building consent, and the location of bolt fixings that connect the steel bearers to the timber piles.

About this document

2020/006: Regarding the decision to grant a building consent for alterations to a house

This determination considers whether the authority was correct to grant a building consent where the submitted plans were inaccurate. The determination also considers the role of the authority in keeping building related records.

About this document

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: