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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2015/052: Regarding the compliance of proposed building work in respect of land stability and surface water in relation to an adjacent other property

This determination discusses the Building Code obligations in Clauses B1.3.6(b) and E1.3.1 for the proposed building work in respect of the likelihood of damage to an adjacent property. The concerns raised were the effect of any additional load in relation to an underground water system, spring, or puna and an adjacent Māori reservation.

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2015/051: Regarding the issue of a building consent for a 1 year-old house

This determination discusses the approach to be taken in assessing documentation provided in support of a building consent application, and whether the documentation provided in this instance was adequate in terms of the decision to grant consent. The determination also addresses amendments to the consent and the compliance achieved.

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2015/050: Regarding the refusal to issue a code compliance certificate for a 19 year-old house with a 14 year-old addition

This determination considers the compliance of the building work in light of a refusal to issue a code compliance certificate; the refusal was primarily on the grounds of concerns regarding weathertightness and durability of the exterior cladding given the building’s age and its history.

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2015/049: Regarding the refusal to issue a code compliance certificate for alterations to an existing house

This determination considers the compliance of alterations to a house to extend an existing deck drain through roof space to a gutter, and the particular jointing method used. The determination discusses the required durability for the deck drain and considers current and future performance.

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2015/048: Compliance with the Building Code of proposed retrofitted urea formaldehyde foam wall insulation in a 60 year-old weatherboard clad house

This determination considers whether there was sufficient information provided in a building consent application to establish the compliance of the proposed building work. The determination discusses the approach to be taken in assessing alterations to existing buildings against the requirements of the Building Act, and applies this in respect of the proposed retrofitting of urea formaldehyde foam insulation to the 60 year-old weatherboard clad house.

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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: