Previous determinations

This determination considers whether the barrier to a swimming pool complies with Clause F9 – Means of restricting access to residential pools of the Building Code. This includes an assessment of the compliance of sliding doors that form part of the barrier to the swimming pool.

This determination considers the compliance of a proposed design for a domestic driveway with Building Code Clause D1 Access routes, in particular in relation to the cross fall and gradient.  The determination discusses the extent to which the performance criteria in Clause D1 apply to driveways constructed in association with a dwelling and where the driveway is used by both pedestrians and vehicles.

Note: The decisions in this determination were reversed on appeal to the District Court. See: Alan Dall v MBIE (District Court, Christchurch, 19 February 2020, CIV-2019-085-000404).

Read the appeal judgment.

This determination considers whether a unit on a trailer 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 modification of a building consent issued for five detached dwellings; four dwellings were completed and one was not.  The owners of the four completed dwellings applied to the authority to modify the consent so the incomplete dwelling and the four completed dwellings each had their own consent, thus enabling a code compliance certificate to be issued in respect of the four completed dwellings.

This determination concerns the authority’s refusal to extend the specified intended life of a straw-bale house.  It considers whether the authority had the power to consent to the extension when written notice from the owner proposing to extend the life of the building was not received until after the previous specified life had expired.  The determination discusses the conditions on the consent and the reasons for the specified intended life, the form in which the authority may choose to give consent to extend that life, and the evidence available on the building’s performance.

This determination considers whether the weatherboard cladding to a house complies with Clauses E2 External moisture and B2 Durability. The vertical weatherboards were installed over a cavity but double-nailed. The authority refused to issue the code compliance certificate because of the double-nailing.

This determination considers the compliance of consented work for the relocation of an existing building onto a new site and alterations to the building.  The authority refused to issue the code compliance certificate for the work because of concerns over the performance of a membrane roof to a new extension built as part of the relocation consent. 

This determination considers the authority’s decision to issue a building consent that was issued in error. A building consent was granted for building work that had already been completed or was near completion when the consent was issued. 

This determination considers the use of glue-laminated timber as framing to the walls and roof trusses of a house.  The glue-laminated framing was substituted during construction for solid timber described in the approved building consent without approval being sought.  The determination considers the compliance of the glue-laminated framing and whether the substitution could be considered a minor variation to the approved consent.

This determination considers the level of sound attenuation to a wall between two units in an apartment building.  The level of sound attenuation is less than that required in the relevant Verification Method for Clause G6 Airborne and impact sound of the Building Code.