2015/032: Refusal to issue a building consent for remedial work to improve weathertightness issues to a house with a code compliance certificate
- Valid from
This determination arose from a decision by the authority to refuse to grant a building consent for the proprietary system provider's methodology it had developed to slow down the rate of decay in buildings (generally untreated timber framed buildings) that have suffered or continue to suffer from weathertightness problems.
The authority refused the consent because it considered it had insufficient information to enable it to be satisfied on reasonable grounds that compliance with the Building Code had been achieved.
The matters to be determined were:
- the authority's exercise of its power of decision in refusing to grant the building consent for this house; and
- whether there was sufficient evidence to conclude the building work in question complied with the Building Code to the extent required by the Act.