Description

This determination arises from the decisions of the authority to refuse to issue a code compliance certificate and to issue a notice to fix for a two year old house because it is not satisfied that the building work 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, and H1 Energy efficiency.

In order to determine whether the decisions to issue the notice to fix and refuse to issue the code compliance certificate were correct, the matter for determination, under section 177(a) of the Act, is whether the external envelope of the house complies with Clauses B2 Durability and E2 External Moisture of the Building Code.

The notice to fix indicates that some aspects of the building work contravene Clauses B1 and H1 of the Building Code.