2008/121: Dispute regarding the provisions of the Building Code that protect neighbouring property from siteworks
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- Information provider
- Ministry of Business, Innovation and Employment
- Information type
This determination arises from the decision of the authority to issue a building consent for proposed siteworks including a driveway, footpath, care decks, and associated in-ground services.
The applicants assert that the authority should not have issued a building consent for the siteworks because that work will not comply with Clause B1.3.6, and consequently Clause B1.3.7 of the Building Code which provides that sitework, where necessary, shall be carried out to provide stability for construction on the site and avoid the likelihood of damage to other property.
It must be determined whether the proposed building work complies with Clauses B1.3.6., B1.3.7 and B2 of the Building Code. This determination is limited to matters that can be considered under section 177 of the Act.