2009/015: The code compliance of a 15 year-old house
- Valid from
This determination arises from a dispute regarding the code-compliance of a 15-year-old house with various clauses of the Building Code.
The matters for determination in terms of sections 177(a), 177(b)(i), 177(e) and 1883 of the Act are:
- whether the building consents granted by the authority for the house in 1993 and the additions in 1994 should be reversed
- whether certain building elements of the original house comply with the Building Code (Schedule 1 of the Building Regulations 1992) that applied at the time the building consent was granted
- whether certain building elements of the attached garage and the decks with roofs ('the decks') comply with the Building Code that applied at the time the building consents were granted
- whether the decisions of the authority to issue code compliance certificates for the attached garage and decks were correct
- whether the authority should have exercised its powers under section 124 in the context of an insanitary building.
The application as set out in Form D1 has also raised matters relating to the authority's decisions regarding:
- the refusal to issue a notice to fix
- the refusal to issue documents necessary for the demolition and rebuilding of the house.
However, apart from the matter of a demolition notice discussed, these are not matters within the Chief Executive's remit in section 177 of the Act.