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.

You can also search for Determinations on Building CodeHub

Find a determination

Applying filters will narrow down your search results

Find a determination

Search results

1914 Determinations match your query
Show detailed results

2024/060: An authority’s refusal to withdraw two notices to fix issued in relation to a change of use

This determination considers an authority’s decision to refuse to withdraw two notices to fix, which the owners believe had been satisfied by reverting to the building’s original use.

The determination turns on whether letting the house for short-term holiday accommodation to single groups constitutes a change of use from SH (Sleeping Single Home) to SA (Sleeping Accommodation).

About this document

2024/059: An authority’s refusal to withdraw two notices to fix issued in relation to a change of use

This determination considers an authority’s decision to refuse to withdraw two notices to fix, which the owners believe had been satisfied by reverting to the building’s original use.

The determination turns on whether letting the house for short-term holiday accommodation to single groups constitutes a change of use from SH (Sleeping Single Home) to SA (Sleeping Accommodation).

About this document

2024/058: An authority’s decisions to issue a building consent and code compliance certificate for a dwelling and compliance with B1

This determination considers an authority’s decisions to grant a building consent and issue a code compliance certificate for construction of a dwelling.

The determination turns on whether the design and construction of the timber pile foundations comply with Building Code Clause B1 Structure.

About this document

2024/057: The compliance of one unisex toilet in a new industrial workshop building with clause G1.3.1 of the Building Code

This determination considers the number of sanitary fixtures required for a new industrial workshop building to comply with Building Code Clause G1 Personal Hygiene.

This determination discusses the building occupancy methods set out in Acceptable Solution G1/AS1 to determine the required number of sanitary fixtures.

About this document

2024/056: An authority’s decision to issue a notice to fix in relation to building work at a residential property

Note: This determination is subject to appeal.

This determination considers an authority’s decision to issue a notice to fix in relation to several items of building work.

The determination considers whether the building work was exempt from the requirement to obtain a building consent.

The determination also considers the remedies in the notice to fix, and other points raised relating to the notice to fix provisions in the Building Act.

About this document

2024/055: An authority’s decision to refuse to grant a building consent for dam upgrade works under section 71

This determination considers an authority’s decision to refuse to grant a building consent for upgrade works to a dam under section 71 of the Building Act 2004. This matter turns on whether the threshold in section 71(1) is met.

About this document

2024/054: The building code compliance and a failure to issue a notice to fix in relation to two tiled showers

This determination looks at building work to install two tiled showers to an existing dwelling.

The matter being determined is whether there was a failure to issue a notice to fix in relation to this work.

The determination considers if there was a requirement to obtain building consent before carrying out the work and whether the completed work complies with the requirements of Building Code Clause E3 Internal Moisture.

About this document

2024/053: An authority’s decision to grant a building consent under section 72 on land that is subject to a natural hazard

This Determination is subject to appeal.

This determination considers the authority’s decision to issue a building consent under section 72 for alterations to a dwelling on a property that is subject or likely to be subject to the natural hazard of inundation by flooding.

It considers whether adequate provision to protect the land for flooding has been made.

About this document

2024/052: Regarding the issue of a dangerous building notice for a residential dwelling, water tank, deck and stairs

This determination concerns an authority’s decision to issue a dangerous building notice for a dwelling, water tank, deck and stairs following a landslide at the property.

The determination considers whether the buildings were dangerous, including whether unprotected falls from the lower deck and walkway makes those dangerous.

About this document

2024/051: Compliance of roof cladding on a house with clause E2 External moisture

This determination considers whether a roof cladding system as installed on a house complies with Building Code Clause E2 External moisture.

Specifically, the determination considers how the perimeter edges of the profile metal cladding have been finished where it overhangs the gutters, along with the associated eaves flashing.

About this document

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: