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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2015/066: Regarding the authority's refusal to issue a building consent for an extension to an anluminium factory building in respect of Clause C3.8

This determination discusses the application of sections 17 and 112 in respect of an alteration to an existing building that has the effect of creating a larger firecell, and the Building Code obligations that are triggered by the increase in size. Also discussed is the fire service intervention time.

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2015/065: Regarding the issue of a dangerous and insanitary building notice for a building

This determination considers whether the building is dangerous with regard to the building’s structure and the slope behind the building. The determination also discusses the application of sections 124 and 125, the subsection the notice was issued under, to whom the notice was served, and the content and wording of the notice.

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2015/064: Authority's exercise of powers of decision in refusing to grant consent for an addition to an existing building

This determination discusses considerations in granting building consent for an addition to an existing building where a change of use has occurred without approval and where building work had been carried out without consent when consent was required.

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2015/063: Regarding the refusal to issue code compliance certificates for 2 adjoining houses with monolithic cladding

This determination considers the compliance of the building work in light of a refusal to issue a code compliance certificate; the refusal was primarily on the grounds of concerns regarding weathertightness and durability of the exterior cladding given the building’s age.

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2015/062: The issuing of a building consent and a code compliance certificate for a 14 year-old-house

This determination discusses the construction and code compliance of a 14 year-old house. The determination also considers the authority’s powers of decision in issuing the building consent and code compliance certificate.

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2015/061: Regarding the issue of dangerous building notices in respect of cantilevered timber-framed decks to 3 monolithic-clad apartment buildings

This determination considers the issue of a dangerous building notice in respect of timber-framed decks to three apartment buildings. Remedial work resulting from water ingress has been carrier out to two decks, and a dangerous building notice has been issued in respect of the remaining decks.

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2015/060: Regarding the compliance of concrete exterior stairs

This determination confirms the extent of compliance required by the Act for a set of external concrete stairs that serve as the access route to a dwelling. The three flights of stairs were replaced due to damage caused by earthquake activity, and the majority of the building work was carried out as exempt building work under Schedule 1(2)(a). The determination discusses the term “apron or construction edge” as it is used in Clause D1.3.1(a) and as it applies in this case.

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2015/059: Regarding the building importance level of two proposed buildings at a hospital

This determination discusses the application of importance levels in the seismic loading standard AS/NZS 1170 for two new hospital buildings as a means of compliance with B1/VM1 in relation to Clause B1 of the Building Code.

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2015/058: Regarding the refusal to issue a building consent for a proposed apartment block with a single means of escape in a retirement complex

This determination discusses the compliance of a proposed block of apartments in a retirement village with respect to the limit provided for the numbers of people with disabilities likely to be present on any given floor when using the Acceptable Solution C/AS2. The determination sets out a method of calculating the numbers of people with disabilities for a known population by age.

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2015/057: Regarding the refusal to issue a building consent for stage one of remediation to an apartment complex

This determination discusses the code compliance of proposed wall and roof repairs in respect of interstitial condensation. The analysis took into account the expected occupancy of the units and factors affecting ventilation, the site and location, the past history of damage to the buildings, and the provisions proposed for reducing the risk of condensation.

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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: