2009/030: The issue of a notice to fix for a house
- Valid from
- Information provider
- Ministry of Business, Innovation and Employment
- Information type
This determination arises from the decision of the authority to issue a notice to fix for a 13-year-old house because it is not satisfied that the building work (the additions built between 1993 and 1995) complies with the requirements of certain clauses of the Building Code.
Specifically, the notice to fix cites contraventions of Clauses B1 'Structure', B2 'Durability', E2 'External moisture', E3 'Internal moisture', F4 'Safety from falling', G4 'Ventilation', and G13 'Foul water'.
In order to determine whether the decision to issue the notice to fix was correct, the matters for determination are:
- Whether the cladding as installed on the building ('the cladding') complies with Clause E2 'External Moisture' of the Building Code;
- Whether certain building elements in the house, other than the claddings, comply with the relevant clauses of the Building Code;
- Whether the building elements in the house comply with Clause B2 'Durability' of the Building Code, taking into account the age of the building work.
The notice to fix indicates that some aspects of the building work contravene Clauses B1 and G4 of the Building Code.