Description

This determination arises from the decision of the authority to refuse to issue a code compliance certificate because it is not satisfied the work complies with the Building Code (First Schedule, Building Regulations 1992). The authority contends that because what is built ('the addition') is not in accordance with the consented drawings, and is consequently an inhabited area, rather than a 'storeroom', the work may not meet the requirements of Building Code Clause E2.

The decision is disputed by the applicants. The matters to be determined, in terms of sections 177(a) of the Act, are:

1. Whether the addition complies with Building Code Clause E2 'External Moisture';
2. Whether the addition complies with Building Code Clauses F2 'Hazardous Building Materials';
3. Whether the addition complies with Building Code Clause B2 'Durability', taking into account the age of the building work.