2008/015: Dispute about the code compliance of one of seven houses built under a single consent
- Valid from
The matter for determination is whether the applicants' claim that the territorial authority, in carrying out its functions under the Act, has failed to ensure the code compliance of a 6-year-old house with respect to Clauses B1 'Structure', B2 'Durability', E1 'Surface water', E2 'External Moisture,' E3 'Internal Moisture' and G4 'Ventilation 'of the Building Code (First Schedule, Building Regulations 1992) is correct.
The question of compliance with these clauses can be determined by considering the following 4 matters:
- Whether the timber sub-floor framing, retaining walls and framing of the house ('the structure'), comply with the Building Code (see sections 177 and 188 of the Act).
- Whether the interior of the house complies with the Building Code.
- Whether the fibre-cement weatherboard cladding as installed to the walls of the house ('the cladding'), complies with the Building Code.
- Whether the house and its site-works (including the retaining walls), as built, comply with the Building Code (see sections 177 and 188 of the Act).