Description

Regarding a retail development at 176-178 Broadway, Newmarket, Auckland, in terms of the provisions of the Building Code relating to the protection of other property

Scope

This determination arose from the decision of the authority to issue code compliance certificates in respect of a retail development (the development).

The applicant asserted that the code compliance certificates should not have been issued because the development as constructed did not protect other property to the extent required under the specific provisions of the Building Code (First Schedule, Building Regulations 1992).

The matters for determination were whether:

• the building work relating to the development complied with Clauses B1 Structure, C3 Spread of fire, E1 Surface Water, F5 Construction and demolition hazards, and G13 Foul water, with respect to the provisions of those sections of the Building Code that apply to other property and consequently to the protection of such property;
• the decision of the authority to issue code compliance certificates in respect of building consents Nos 20062261403 and 20062261404 for the development was correct.