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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1877 Determinations match your query
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2017/083: Refusal of code-compliance certificate for house and producer statement for on-site waste water treatment system

This determination considers an authority’s refusal to issue a code compliance certificate for an on-site waste water treatment system because the installer had not provided a producer statement for the completed system.  The determination considers the likely compliance of the completed system.

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2017/082: Compliance of deck balustrade as part of swimming pool barrier

This determination concerns the balustrade to a deck above an immediate pool area and the compliance of the barrier in relation to a set of external stairs from the deck to the pool. The determination considers whether the deck itself is included within the immediate pool area and whether the stairs are a climbable projection.

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2017/081: Compliance of ground floor stairs landing in residential unit

This determination considers the compliance of a 435mm long landing at the bottom of a set of internal stairs.  The determination compares the landing length with the Acceptable Solution and discusses whether there is adequate activity space between the door and the stairs.

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2017/080: Granting of building consent for alterations, subject to notification that land is subject to a natural hazard

The granting of a building consent for alterations to an existing building subject to noficiation that the land is subject to a natural hazard at 102 Dillon Street, Waihi Beach

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2017/079: Decision to issue notice to fix for building work

This determination concerns a return wall to a retaining wall built under a building consent; the return wall encroaches over the owners’ boundary into a neighbouring property.  The authority issued a notice to fix in respect of the return wall, as it is of the view it was a built without first obtaining an amendment to the consent.  The determination considers whether the notice to fix was correctly issued, and whether the return wall was a major or minor amendment to the building consent.

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2017/078: Compliance of physical barrier to residential swimming pool

The determination considers whether the barrier to a swimming pool and spa pool complies with the Building Code to the extent required under section 162C of the Act.  The barrier was considered to be compliant with the Fencing of Swimming Pools Act at the time of construction and a code compliance certificate had been issued, but it later failed an inspection carried out under the new special provisions for residential pools.

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2017/077: Whether retaining walls require barriers to comply with Clause F4

This determination considers whether the retaining walls without barriers would comply with Clause F4 Safety from falling. The determination also discusses whether the building work to erect the barriers was exempt from the need for a building consent under Schedule 1.

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2017/076: Refusal of code-compliance for house with monolithic cladding

This determination is concerned with the compliance of an 18-year-old house.  The determination considers the authority’s reasons for refusing to issue the code compliance certificate and whether the building work complies with the requirements of the Building Code.

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2017/075: Code-compliance of decks to a house

This determination considers the compliance of a deck to wall junction with minimal or no gap. The determination discusses the weathertightness risk and whether the cladding is likely to be subject to solar-driven moisture from the deck, and the variation from the building consent.

 

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2017/074: Requirement for fire resistance of a timber deck

This determination considers whether the structure without fire resistance complies with Clause C3 of the Building Code.  The determination discusses whether the structure as constructed satisfies C/AS1 and whether it complies as an alternative solution.

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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: