2012/030: Regarding the refusal to issue a code compliance certificate and the issue of a notice to fix for a 9 year-old dwelling
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The matter to be determined is whether the authority was correct in its decisions to refuse to issue a code compliance certificate and to issue the notice to fix. In deciding this it must be considered whether the external cladding to the house (the claddings) comply with Clause B2 Durability and Clause E2 External Moisture of the Building Code. The claddings include the components of the systems (such as the wall claddings, the windows, the roof claddings and the flashings), as well as the way the components have been installed and work together. The notice to fix states that the applicant may apply to the authority, for a modification of the durability requirements in order to allow the durability periods to commence from the date of substantial completion.