2009/048: The issue of a notice to fix for 6 year-old alterations to a house
- Valid from
- Information provider
- Ministry of Business, Innovation and Employment
- Information type
This determination arises from the decisions of the authority to refuse to issue a code compliance certificate and issue a notice to fix for 6-year-old alterations to a house because it is not satisfied that a part of the building work complies with the requirements of certain clauses of the Building Code.
The matters for determination, in terms of 177(a) and 177(b) of the Act are:
- Whether the wall, balustrade, column and deck floor claddings as installed on or around the deck comply with Building Code Clause B2 Durability and Clause E2 External Moisture;
- Whether the deck complies with other relevant Building Code clauses (E1 Surface Water, and F4 Safety from Falling).
The notice to fix cites contraventions of Clause B1 Structure, B2 Durability, E1 Surface Water, E2 External Moisture, E3 Internal Moisture and G13 Foul Water of the Building Code. The notice is limited to building work associated with the addition of a new deck. There are no specific items within the notice that relate to the remaining alterations and additions covered by the building consent. This determination is therefore limited to the new deck described.
The notice also outlined the requirements for durability of the various building elements and noted that an application for a modification of the requirements could be applied for from the authority, in order to allow the durability periods to commence from the date of substantial completion.