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
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The determination considers whether a unit relocated onto a residential property 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 compliance of a replacement façade system to an existing 5-storey building. The facade system incorporates high-pressure laminate panels fixed to an aluminium frame creating a 50mm wide cavity between the panels and the lined timber-framed wall behind. The authority has concerns about the facade system’s ability to perform with respect to preventing the spread of fire over the external cladding. The determination considers the compliance of the original facade system, and as modified in response to the determination’s initial findings.
This determination is concerned with the compliance of a 19-year-old house. The determination considers the authority’s reasons for refusing to issue a code compliance certificate, and whether the house complies with the requirements of the Building Code, particularly with respect to weathertightness and durability.
This determination considers whether the authority was correct to refuse to grant an exemption under Schedule 1(2) for work to reclad a house. The determination also discusses whether the cladding was likely to be exempt from the requirement for a building consent under Schedule 1(1).
This determination considers the authority's decision to issue a code compliance certificate for alterations to an existing house and whether the building work complied with the building consent and the Building Code at the time of that decision.
This determination considers whether a new two-storey building without a lift to the upper level bar/restaurant complies with Clause D1. The determination also discusses the relationship between the criteria in the Building Code and the New Zealand Standard NZS 4121: Design for Access and Mobility in relation to buildings requiring a lift.
This determination considers an authority’s refusal to issue a code compliance certificate for an on-site waste water treatment system because the installer had not provided a producer statement for the completed system. The determination considers the likely compliance of the completed system.
This determination concerns the balustrade to a deck above an immediate pool area and the compliance of the barrier in relation to a set of external stairs from the deck to the pool. The determination considers whether the deck itself is included within the immediate pool area and whether the stairs are a climbable projection.
This determination considers the compliance of a 435mm long landing at the bottom of a set of internal stairs. The determination compares the landing length with the Acceptable Solution and discusses whether there is adequate activity space between the door and the stairs.
The granting of a building consent for alterations to an existing building subject to noficiation that the land is subject to a natural hazard at 102 Dillon Street, Waihi Beach
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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