2010/115: Refusal to issue a code compliance certificate for one of a complex of six 15 year-old townhouses
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This determination arose from the decision of the authority to refuse to issue a code compliance certificate for the 15-year-old townhouse because it was not satisfied that the building work in the townhouse complied with certain clauses of the Building Code.
The matter to be determined was whether the authority was correct to refuse to issue a code compliance certificate.
In deciding this matter, it was considered:
- Whether the external claddings complied with Clause B2 Durability and Clause E2 External Moisture of the Building Code;
- Whether the Unit complied with the remaining relevant clauses of the Building Code, in particular with Clause E3 Internal Moisture;
- Whether the building elements in the Unit complied with Clause B2 Durability of the Building Code, taking into account the age of the building work;
- Whether the authority, in response to an application from the owner, was required to amend the building consent for the development, which includes the Unit, so that the Unit has its own separate building consent. That would make it possible for the authority to issue a code compliance certificate in respect of the Unit.