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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This determination considers an authority’s decision to refuse to grant a discretionary exemption under clause 2 of Schedule 1 for building work to partially reclad a house. It also considers the application of clause 1 of Schedule 1 which allows general repairs, maintenance and replacement to be carried out without building consent.
This determination considers the decision by a territorial authority to issue an earthquake-prone building notice under section 133AL for a commercial building.
This determination considers the issue of a notice to fix for building work associated with a two storey sleepout building with sanitary fixtures. The determination considers whether the building work was exempt from the requirement to obtain a building consent under Schedule 1, and whether adequate particulars were set out in the notice to fix (in regards to both section 40 and section 17). It also discusses several issues relating to the notice to fix framework.
This determination considers whether a section of a residential pool barrier located on a property boundary complies with Building Code Clause F9.3.1. The determination looks at whether the barrier in combination with an automatic pool cover can comply as an alternative solution.
This determination considers whether a stormwater tank near a property boundary is required to comply with performance clauses C3.6 and C3.7 of Building Code Clause C3 Fire affecting areas beyond the fire source.
This determination considers an authority's purported decision to refuse to grant a building consent for an alteration to an existing workshop on a residential property. The determination considers whether a change of use is occurring with the proposed building work to create a sleep-out.
The authority refused to issue a code compliance certificate for the building work and is seeking determination as to whether the installation of a woodburner (of which the hearth is a necessary element) complies with the Building Code.
This determination considers the decision to issue a code compliance certificate for the installation of a domestic solid fuel heater and flue system. The determination considers whether the system’s flue was installed in a way that avoids creating a nuisance to other property in accordance with clause G4.3.4.
This determination considers the authority's decision to issue a notice to fix for siteworks carried out on 16A, 16B and 16C Gilfillan Street. The notice was issued for non-compliance with Building Code Clause B1.3.6. in relation to the requirement to avoid likelihood of damage to other property, being 14 and 14A Gilfillan Street.
This determination was sought by the building consent authority to reverse a code
compliance certificate that was issued in error. The code compliance certificate
includes building work that had not been constructed.
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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