2008/104: Determination regarding the weathertightness of remedial work after storm damage
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- Ministry of Business, Innovation and Employment
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The applicants dispute whether repair work carried out to part of a house that was damaged in a storm complies with certain requirements of the Building Code (Schedule 1, Building Regulations 1992).
The storm damage to the house was restricted to the linking structure between two separate wings of the house ('the link structure'). Apart from the gable end walls, and other areas adjacent the link structure that have also suffered water damage, the other parts of the house are not considered in this determination.
Damage to, or associated with, the link structure has arisen from three causes:
- (a) Storm damage ' defects that arise directly from the February 2004 and August 2004 storms;
- (b) Consequential damage ' defects that arise indirectly from the storm damage, as a consequence of damage and deterioration which has occurred indirectly as a result of the delays in repairing the storm damage;
- (c) Pre-existing damage ' defects that arise from longstanding deterioration in adjacent building elements that do not arise from (b).
The determination is limited to the remedial work necessary to repair the storm damage and the consequential damage. The determination does not include the repair of any pre-existing damage.The matter for determination is therefore whether the repaired building work complies with Building Code Clause B2 Durability and E2 Weathertightness.