Description

Refusal to amend a building consent regarding damp proofing to a basement of a house at 75A Awatere Avenue, Hamilton

Scope

This determination arose from a decision by the authority to refuse to grant an amendment to the building consent for the substitution of damp proof membranes to a new house, because it was not satisfied that the substituted systems complied with certain clauses of the Building Code (Schedule 1, Building Regulations 1992).

The matter to be determined was whether the authority was correct to refuse to amend the building consent.

In making this decision, it was considered:

• Whether the damp proofing systems as applied resulted in the basement retaining walls achieving compliance with Clause E2 External Moisture and Clause B2 Durability (insofar as it relates to Clause E2) of the Building Code;
• Whether the authority was correct in its decision to refuse to amend the building consent, in respect of the damp proofing systems only. The matter to be determined was restricted to the weathertightness of the basement retaining walls and slab.