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2011/096: Refusal to accept proposed amendment to building consent for remedial work, and issuing of notice to fix for house with monolithic cladding

Abbreviation
2011/096
Valid from
14/11/2011

Information provider
Ministry of Business, Innovation and Employment
Information type
Determination
Format
PDF

Description

This determination arises from the authority's decisions to:

issue a notice to fix because it was not satisfied that the 13-year-old house complied with certain clauses of the Building Code. The authority's concerns primarily relates to the weathertightnessand durability of the existing house, including the condition of the original timber framing.

refuse to grant an amendment to the building consent for proposed remedial work, because it is not satisfied that the information provided satisfied the requirements of section 45 of the Act and that the proposed work did not adequately demonstrate compliance with the Building Code (Schedule 1, Building Regulations 1992).

The matters to be determined are therefore whether the authority correctly exercised its powers in issuing the notice to fix and in refusing to grant an amendment to the building consent for the proposed alterations. In deciding these matters, the following must be considered:

  1. the scope of the proposed amendment, and the compliance of the proposed work;
  2. whether the documentation submitted in respect of the proposed remedial work meets the requirements of section 45 of the Act. The LBP has stated that the remedial work has been presented to the authority with the intention of achieving a code compliance certificate upon its completion.

The determination therefore considers the above matters against the requirements of the Act and the Building Code in that respect.

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View on Information Provider website Download this resource (PDF, 268KB)
For assistance with locating previous versions, please contact the information provider.
This resource is not cited by any other resources.

2011/096: Refusal to accept proposed amendment to building consent for remedial work, and issuing of notice to fix for house with monolithic cladding

This document is not CITED BY any other resources:

2011/096: Refusal to accept proposed amendment to building consent for remedial work, and issuing of notice to fix for house with monolithic cladding

Description

This determination arises from the authority's decisions to:

issue a notice to fix because it was not satisfied that the 13-year-old house complied with certain clauses of the Building Code. The authority's concerns primarily relates to the weathertightnessand durability of the existing house, including the condition of the original timber framing.

refuse to grant an amendment to the building consent for proposed remedial work, because it is not satisfied that the information provided satisfied the requirements of section 45 of the Act and that the proposed work did not adequately demonstrate compliance with the Building Code (Schedule 1, Building Regulations 1992).

The matters to be determined are therefore whether the authority correctly exercised its powers in issuing the notice to fix and in refusing to grant an amendment to the building consent for the proposed alterations. In deciding these matters, the following must be considered:

  1. the scope of the proposed amendment, and the compliance of the proposed work;
  2. whether the documentation submitted in respect of the proposed remedial work meets the requirements of section 45 of the Act. The LBP has stated that the remedial work has been presented to the authority with the intention of achieving a code compliance certificate upon its completion.

The determination therefore considers the above matters against the requirements of the Act and the Building Code in that respect.

View on Information Provider website Download this resource (PDF, 268KB)
2011/096: Refusal to accept proposed amendment to building consent for remedial work, and issuing of notice to fix for house with monolithic cladding
Description

This determination arises from the authority's decisions to:

issue a notice to fix because it was not satisfied that the 13-year-old house complied with certain clauses of the Building Code. The authority's concerns primarily relates to the weathertightnessand durability of the existing house, including the condition of the original timber framing.

refuse to grant an amendment to the building consent for proposed remedial work, because it is not satisfied that the information provided satisfied the requirements of section 45 of the Act and that the proposed work did not adequately demonstrate compliance with the Building Code (Schedule 1, Building Regulations 1992).

The matters to be determined are therefore whether the authority correctly exercised its powers in issuing the notice to fix and in refusing to grant an amendment to the building consent for the proposed alterations. In deciding these matters, the following must be considered:

  1. the scope of the proposed amendment, and the compliance of the proposed work;
  2. whether the documentation submitted in respect of the proposed remedial work meets the requirements of section 45 of the Act. The LBP has stated that the remedial work has been presented to the authority with the intention of achieving a code compliance certificate upon its completion.

The determination therefore considers the above matters against the requirements of the Act and the Building Code in that respect.

View on Information Provider website Download this resource (PDF, 268KB)
This resource does not cite any other resources.

2011/096: Refusal to accept proposed amendment to building consent for remedial work, and issuing of notice to fix for house with monolithic cladding

This resource does not CITE any other resources.
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