2013/020:The refusal to issue a code compliance certificate for a 16 year-old garage
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- Ministry of Business, Innovation and Employment
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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 16-year-old garage because it was not satisfied that the building work complied with certain clauses of the Building Code. The authority's concerns about the compliance of the building work relate primarily to the weathertightness of the garage's exterior envelope. The matter to be determined is therefore whether the authority was correct to refuse to issue a code compliance certificate and to issue a notice to fix. In deciding this, I must consider: 1-Whether the external building envelope of the garage complies with Clause E2 External Moisture and Clause B2 Durability of the Building Code. The envelope includes the components of the systems (such as the concrete block walls, the doors, the concrete roof and the associated membranes, as well as the way the components have been installed and work together; 2-Whether the structure of the garage complies with Clause B1 Structure and Clause B2 Durability of the Building Code, taking into account past moisture penetration into some parts of the building; 3-Whether the building work complies with the other requirements identified by the Authority in the notice to fix; namely Clause E1 Surface Water, Clause F4 Safety from Falling and Clause G9 Electricity. I consider this in paragraph 6.3. I note the authority issued a building consent amendment on 12 November 2012, which applied the durability provisions of the Building Code from March 1996 instead of from the time of issue of a code compliance certificate for the building work. That matter is therefore not considered further in this determination.