Previous determinations

Determinations are made by MBIE on matters of doubt or dispute to do with building work. Rulings are legally binding in relation to each case. Circumstances in one case may differ to others.

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2018/050: Notice to fix issued for the change of use of a house

This determination considers whether the building has undergone a change of use and the exercise of the authority's powers in issuing a notice to fix for failure to notify the change of use. The determination considers the use category and whether compliance requirements in the new use are additional or more onerouse than the requirements related to the old use.

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2018/049: Issue of a code compliance certificate for three buildings

This determination considers the decision of the authority to issue a code compliance certificate for three buildings when one building had not been constructed. The determination discusses the authority’s ability to reverse the code compliance certificate.

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2018/048: Refusal to issue a building consent for alterations of an existing building

This determination considers fire spread across a boundary in relation to an existing commercial building that is being altered. The determination considers how distance is measured to the relevant boundary for the purposes of considering fire spread to other property in order to satisfy the requirements of Building Regulations Clause C3—Fire affecting areas beyond the fire source.

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2018/047: Code compliance of barriers to a pool

This determination considers whether the barriers to a small heated pool comply with Clause F9 – Means of restricting access to residential pools. The determination also discusses the waiver and modification provisions within the Building Act.

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2018/046: Refusal to issue a code compliance certificate for alterations to a 16-year-old building

This determination considers the compliance of consented alterations carried out on an existing building for which an earlier code compliance certificate also had not been issued and where a significant portion of the existing building remained unaltered. The determination considers the authority’s reasons for declining the code compliance certificate for the work, and the provisions of section 115 (change of use) in relation to the work.

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2018/045: Classified use of a building let out as accommodation

This determination considers the classified use of a building under Clause A1. The determination also considers the interpretation of intended use, and what constitutes a single household.

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2018/044: Classified use of a main house, which is let out as accommodation

This determination considers the classified use of a building under Clause A1. The determination also considers the interpretation of intended use, and what constitutes a single household.

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2018/043: Refusal to accept a building consent application for a new building

This determination considers the authority’s refusal to accept a building consent application. The determination considers whether sufficient information was provided to the authority as required by section 45 of the Building Act.

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2018/042: Refusal to issue a code compliance certificate for a viewing platform

This determination considers the compliance of a viewing platform and associated parking with Clause D1 Access routes, and whether an access route to the platform for people with disabilities was needed. The determination also considers whether the gravel access track and car parking provide reasonable and adequate access in terms of Clauses D1 and B2 Durability.

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2018/041: Building consent for a conference centre and the use of large building components prefabricated offshore

This determination considers the authority’s refusal to grant a building consent in relation to a structure that uses large building components prefabricated offshore. The determination discusses what is and is not “building work” in relation to the scope of building consents that use prefabricated components, as well as authority’s abilities to assess compliance of components that are prefabricated offshore.

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This information is published by the Your home’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: