Description

This determination arises from the decision of the authority to refuse to issue a code compliance certificate and to issue a notice to fix for a 10-year-old house because it was not satisfied that the building work complied with certain clauses of the Building Code.

The authority's concerns primarily relate to the weathertightness of the exterior building envelope.

The matter to be determined is therefore whether the authority was correct in its decision to refuse to issue a code compliance certificate and to issue a notice to fix for the house. In deciding this matter, the following must be considered:

1. whether the external claddings to the house (the claddings) comply with Clause B2 Durability and Clause E2 External Moisture of the Building Code;
2. whether the house complies with other relevant Building Code clauses identified in the notice to fix (E3 Internal Moisture, F4 Safety from falling, G4 Ventilation, G11 Gas as an energy source, G12 Water supplies and G13 Foul water);
3. the notice to fix also cites contraventions of Clauses B1 Structure and D1 Access Routes, although there are no specific items relating to these clauses.

The notice to fix also outlines requirements for durability of building elements and states that the applicants may apply to the authority for a modification of the requirements to allow durability periods to commence from the date of substantial completion in 2001.