Description

This determination arises from the decisions of the authority to refuse to issue a code compliance certificate and to issue a notice to fix for a 6-year-old house because it is not satisfied that the building work complies with the requirements of certain clauses of the Building Code (First Schedule, Building Regulations 1992).

In order to determine whether the decision to refuse to issue the code compliance certificate was correct, the matters for determination are:

1. Whether the external envelope of the house complies with Clauses B2 Durability and E2 External Moisture of the Building Code;
2. Whether the house complies with Clause B1 of the Building Code with respect to the foundations, trusses, framing and bracing;
3. Whether the building elements in the house which are code compliant now, will comply with Clause B2 Durability of the Building Code, taking into account the age of the building work.

The building work was undertaken under the supervision of a building certifier which was duly registered as a building certifier under the former Building Act 1991, but ceased to operate as a building certifier before it had issued a code compliance certificate for the building work.