2011/109: Refusal to issue code compliance certificates for alterations under two building consents to a house
- Valid from
This determination arises from the decision of the authority to refuse to issue code compliance certificates for alterations and additions to a house undertaken under two building consents in 1993 and 2009. The refusals arose because: 1-the building work undertaken in 1993 (the 1993 alterations) experienced moisture problems related to the external wall cladding and the upper floor bathroom; 2-a new building consent was issued in 2009, which included removing and replacing the wall cladding to the addition (the 2009 remedial work), and the authority is not satisfied that: (a) elements remaining from the 1993 alterations comply with the internal moisture and durability provisions of the Building Code, considering the age of those elements ; and (b) the 2009 remedial work complies with certain clauses of the Building Code . The matter to be determined is whether the authority correctly exercised its powers in refusing to issue code compliance certificates for the 1993 alterations and the 2009 remedial work. In deciding this matter, the following must be considered: Matter 1: The code compliance of the 2009 remedial work.The authority is concerned that sill flashings installed as part of the 2009 remedial work do not comply with the weathertightness provisions of the Building Code. Matter 2: The code compliance of the 1993 alterations: The authority also expressed concerns about Clause E3 Internal Moisture and Clause B2 Durability. Matter 3: The authoritys decision: In making my decision on the exercise of the authoritys powers.