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 whether an authority was correct to issue dangerous building notices in respect of a concrete block retaining wall and fence located on the boundary between two properties: one notice was issued to each owner. The determination considers the state of the wall and likelihood it will collapse; and what can be done to render the wall safe.
This determination considers whether a lift is required to the lower level of a proposed two-storey rowing club building. The determination considers compliance against the relevant Acceptable Solution and what constitutes reasonable and adequate access for people with disabilities to the lower level. The determination also considers access to areas adjacent the building.
This determination is concerned with the compliance of a 19-year-old brick veneer house. This determination considers the authority’s reasons for refusing the code compliance certificate, and whether the house complies with the requirements of the Building Code.
This determination considers the authority’s refusal to grant a waiver under section 72 of the Act for two proposed buildings which are situated on land subject to a debris flow hazard. The determination considers the risk to occupants from debris flow events, and the extent to which the proposed work will mitigate this risk.
This determination considers the compliance of a fire appliance installed in a single storey dwelling and whether the emissions are disposed of in a way which avoids creating a nuisance or hazard to an adjacent neighbour in a two storey dwelling.
This determination considers a requirement put in place after a building consent was issued to replace existing drains on a property where a new dwelling was being constructed. The decision turns on the means of compliance stated in the building consent and the authority’s powers after the consent was issued. The determination also discusses the Building Code obligations that apply in regards to drainage systems and the performance requirements and assessment of existing drains.
This determination considers the requirements under Clause H1.3.4 in regards to insulation of a TPR valve and a length of hot water pipework, and Clause G9 in regards to the location of an electrical cable in a duct with the water supply pipework. The determination discusses the application of the relevant Acceptable Solutions and associated Standards as a means of establishing compliance.
This determination considers the authority's exercise of its powers in respect of conditions on a building consent for the partial recladding of a house relating to the possibility of timber framing requiring remediation.
This determination considers three cabins constructed for the use of sleeping accommodation at an ashram and whether the building work was exempt from the requirement to obtain building consent under Schedule 1. The determination discusses the definition of the term “dwelling” as it relates to Schedule 1(3)(d).
This determination was sought by the owner of an adjacent property who was of the view that the retaining wall and site works did not comply with the Building Code.
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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