2011/103: The issue of a notice to fix for a 7 year-old house
- Valid from
This determination arises from the decisions of the authority to refuse to issue a code compliance certificate and to issue a notice to fix for the 7-year-old house because it is not satisfied that the building work complies with the requirements of certain clauses of the Building Code. The authority's concerns regarding the compliance of the building work relate primarily to the weathertightness of the exterior building envelope; and the applicant disputes the inclusion of five of the items on the notice to fix. The matter to be determined is whether the authority was correct in its decision to issue the notice to fix including the disputed five items. In deciding this it must be considered whether the five items under dispute are required to be remedied for the building to achieve compliance with the Building Code. The notice to fix outlined requirements for durability of building elements and stated 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 of the building work.