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 the decision by an authority to issue a notice to fix for a partially completed new single storey residential building. The determination considers whether the areas of work identified on the notice comply with the building consent and whether the foundations comply with Building Code clause B1.3.1.
The determination will consider if a proposed CCTV in the living space of two units in a new development complies with G7.3.2 for visual awareness of the outside.
This determination looks at the authority’s decision to refuse to grant a building consent for alterations to an existing multi-unit dwelling due to a dormer wall not being fire rated. The determination considers whether fire rating the wall is necessary to meet the requirements of section 112(1)(b) of the Building Act.
This determination considers an authority's purported decision to refuse to grant a building consent for an alteration to an existing workshop on a residential property. The determination considers whether a change of use is occurring with the proposed building work to create a sleep-out.
This determination considers the authority's refusal to issue a certificate of acceptance for building work associated with a dwelling, that was carried out without building consent. The authority considered that Building Code clauses B1 Structure, B2 Durability, E2 External Moisture, G2 Laundering, G9 Electricity, G12 Water Supplies and H1 Energy Efficiency were not met. The determination considers the reasons for refusal set out in the authority’s refusal letter and subsequent report.
This determination considers whether a wall made of ponga logs, that is located on or near a property boundary, is a 'retaining wall' and a 'building'. It also considers whether the structure complies with Building Code clauses B1 Structure and B2 Durability.
This determination considers the authority's decision to issue a notice to fix. The matter concerns alleged contraventions with Building Code clause E2 External moisture, building work carried out other than in accordance with a building consent, and the timeframe and remedies in the notice.
This determination considers whether the tanking system, applied to a blockwork retaining wall on a residential house, complies with the weathertightness requirements of Building Code clause E2 External Moisture.
This determination considers a building consent for the construction of a dwelling. The matter concerns the details for fixing infill panels that were proposed to be installed above and below windows, and above a garage door and entrance. The determination considers whether those details, as documented in the consent application, would comply with clause E2 External Moisture and B1 Structure, if the building work was constructed in accordance with the building consent.
This determination considers compliance for the depositing and collection of solid waste under Building Code Clause G15 Solid Waste for a new residential property development. The determination considers if the waste storage area proposed provides reasonable access for the depositing and collection of solid waste.
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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