Previous determinations

Discussed the definition of “owner” for the purposes of section 75 and whether a section 75 certificate was required. The applicant, an owner of two allotments and cross leaser of one allotment had a building consent suspended for not supplying a section 75 certificate for building work to extend across the three allotments. Also discussed whether ‘part of a building’ is included in the interpretation of ‘building’ where the building work enlarges the building over allotment boundaries.

Discussed whether there were reasonable grounds for a code compliance certificate to be issued where some building elements were no longer visible and inspections during building work were carried out by parties other than the authority.

Discussed the council’s refusal to issue of a code compliance certificate where the as-built work differs from that consented and was also not in accordance with the Acceptable Solution E2/AS1 or the manufacturer’s details, particularly relating to ridge flashings installed to a profiled metal roof. The determination reviewed the compliance of the as-built work against the performance requirements of the Building Code.

Discussed the weathertightness and durability of proposed repairs that consisted of installing compressible seal strips to valley gutters beneath concrete roof tiles.

This determination covered technical issues about a proprietary system provider’s methodologies and technologies relating to liquid and foaming injection timber treatment systems used to slow the rate of decay. Discussed whether timber treatment process is building work, and whether targeted treatment can be exempt from building consent under Schedule 1 of the Act as maintenance. Discussed impacts on bracing capacity, air volatility, and the use of drying skirts. Also mentioned the provision of new plans as opposed to copied plans.

Discussed building work exempt under Schedule 1 for which building consent is not required, compliance of building work with the Building Code in force at the time of construction, and amendment to a building consent to modify the durability periods and remove building elements that no longer exist. Also discussed the need for a certificate of acceptance for alterations carried out without building consent when consent was required.

Discussed weathertightness of the external envelope, and transitional provisions around code compliance certificates for work completed under a building consent issued under the former Act.

Discussed the weathertightness and durability of exterior wall cladding, including components of monolithic EIFS overlay wall cladding, the underlying original aluminium faced solid wall planks and the windows, as well how the components were installed and worked together.

Considered the application of sections 17 and 112 of the Act, and the compliance of the proposed fire alarm system. Discussed compliance of the building as a whole after the alterations ‘as nearly as is reasonably practicable’ with respect to means of escape, and how the approach involves the balancing of sacrifices and difficulties of upgrading against the advantages of upgrading. Discussed use of MBIE guidance and “gap assessment”.

Discussed the issue of a code compliance certificate without wording to record that a modification of Clause B2.3.1 had been made, and whether there is a requirement under the Act for modifications of the Building Code to be noted on the code compliance certificate.