Previous determinations

This determination considers the compliance of a residential pool with an infinity edge and balance tank with regard to the requirement for a physical barrier to restrict access by unsupervised young children.  The determination also considers whether the installation of an alarm would achieve the performance requirements in Clause F9 and whether it is appropriate to grant a waiver.

This determination concerns the authority's request to reverse its decision to issue a code compliance certificate on the grounds that the certificate was issued in error because the final inspection had identified that the building work was not compliant.

This determination considered the compliance of a glass balustrade with Building Code Clause F4 – Safety from falling. The determination considers whether the proposed barrier will restrict the passage of children.

This determination considers the compliance of an as-built surface water drainage system to a new house.  The system as consented did not provide a compliant solution and the work as installed is not considered to be compliant by the building owner.

This determination considers the compliance of a set of stairs designed for access to a mezzanine level in a farm building.  The determination discusses the classified use of the building and how the limits on application apply with regard to Clause D1 Access routes.

This determination considers an authority’s refusal to issue a code compliance certificate for a 16-year-old house 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.

This determination considers whether the barrier to a swimming pool complies with Clause F9 – Means of restricting access to residential pools of the Building Code. This includes an assessment of the compliance of sliding doors that form part of the barrier to the swimming pool.

This determination considers the compliance of a proposed design for a domestic driveway with Building Code Clause D1 Access routes, in particular in relation to the cross fall and gradient.  The determination discusses the extent to which the performance criteria in Clause D1 apply to driveways constructed in association with a dwelling and where the driveway is used by both pedestrians and vehicles.

Note: The decisions in this determination were reversed on appeal to the District Court. See: Alan Dall v MBIE (District Court, Christchurch, 19 February 2020, CIV-2019-085-000404).

Read the appeal judgment.

This determination considers whether a unit on a trailer is a building for the purposes of the Building Act, and whether the authority was correct to issue a notice to fix in relation to this. The determination discusses the definitions of building and vehicle under section 8 of the Building Act. 

This determination considers the modification of a building consent issued for five detached dwellings; four dwellings were completed and one was not.  The owners of the four completed dwellings applied to the authority to modify the consent so the incomplete dwelling and the four completed dwellings each had their own consent, thus enabling a code compliance certificate to be issued in respect of the four completed dwellings.