2009/087: Code compliance of basement alterations to a house
- Valid from
- Information provider
- Ministry of Business, Innovation and Employment
- Information type
This determination arises from the decision of the authority to stop work being carried out to the basement area of a 97-year-old house because it was not satisfied that the basement, when completed, would comply with certain clauses of the Building Code. The site instruction to the property owner issued on 11 May 2009 requiring a certificate of acceptance prior to work being continued was in effect a stop work notice.
The appropriate procedure would have been to issue a Notice to Fix. Under section 177 (b) of the Act, the correctness of the issue of a stop work notice is not a matter that can be determined.
However, based on the information available, the matters for determination in terms of section 177(a) of the Act are:
- Whether the proposed alterations will comply with Clause B1 Structure of the Building Code, taking into account the condition of the existing basement area;
- Whether the proposed alterations will comply with Clause B2 Durability and Clause E2 External Moisture of the Building Code, taking into account the condition of the existing basement area;
- Whether the existing sub-floor framing to the lower level of the house may be classified as 'dangerous' in terms of section 121(1) of the Act.