2010/013: Determination regarding the refusal to issue a code compliance certificate for a 6 year-old block of three semi-detached townhouses
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This determination arises from the decision of the authority to refuse to issue a code compliance certificate for a 6-year-old building, because the building is part of a multi-unit development and it is not satisfied that the building work complies with certain clauses of the Building Code (First Schedule, Building Regulations 1992).
In order to determine, in terms of section 177(b)(i) whether the authority was correct to decline to issue the code compliance certificate,the following matters must be considered:
- Whether the claddings as installed comply with Clauses B2 Durability and E2 External Moisture;
- Whether certain building elements in Block H, other than the claddings, comply with the other relevant clauses of the Building Code;
- 3-Whether the authority, in response to an application from the owners, is required to amend the building consent for the development, which includes Block H, so that Block H has its own building consent. That would make it possible for the authority to issue a code compliance certificate in respect of Block H.
There are limited inspection records available for some of the blocks within the development. Although the building certifiers maintain (and the authority does not dispute) that inspections of the building work were carried out during construction, no records of specific inspections for Block H can now be located.