Description

This determination arises from the decision of the authority to refuse to issue a code compliance certificate for a 13-year-old house because it did not observe various building elements during construction of the house and it cannot therefore be satisfied that the building work complies with certain clauses of the Building Code.

In order to determine, under section 177(b)(i) of the Act, whether the decision to refuse to issue the code compliance certificate was correct it must be considered, under section 177(a), the following matters:

1. Whether the foundations and floor slab comply with Clause B1 Structure of the Building Code, given that they were not fully inspected before the foundations were poured;
2. Whether the timber framing, water pipes, waste pipes, and wall insulation comply with Clause B1 Structure, Clause G12 Water supplies, G13 Foul water and Clause H1 Energy efficiency of the Building Code, given that these elements were not inspected before the walls were lined;
3. Whether the electrical work complies with Clause G9 Electricity of the Building Code.

This determination considers whether there is sufficient evidence available to provide reasonable grounds to reach a conclusion as to whether this building will comply with the Building Code and it is therefore reasonable to issue a code compliance certificate.