2014/014: Refusal to issue a code compliance certificate and the issue of a notice to fix for an 11 year-old house with monolithic cladding
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- Ministry of Business, Innovation and Employment
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The refusal to issue a code compliance certificate and the issue of a notice to fix for an 11 year-old house with monolithic cladding at 2 Ruze Vida Drive, Massey, Auckland
This determination arises from the decision of the authority to refuse to issue a code compliance certificate for the 11-year-old house. The refusal arose because:
- the authority is not satisfied that the building work complies with certain clauses of the Building Code (First Schedule, Building Regulations 1992); in particular in regard to the weathertightness of the claddings; and
- the building work had been undertaken under the supervision of Approved Building Certifiers, which was duly registered as a building certifier under the Building Act 1991, but which ceased operating as a certifier before it had issued a code compliance certificate for the house.
The matter to be determined is therefore 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 matter, I must consider whether the exterior building envelope complies with Clause B2 Durability and Clause E2 External Moisture of the Building Code that was in force at the time the consent was issued. The building envelope includes the components of the systems (such as the wall and roof claddings, the windows, the decks and the flashings), as well as the way components have been installed and work together.