Description

This determination arises from the decision of the authority to refuse to issue a code compliance certificate for a 10-year old house because it was not satisfied that it complied with certain clauses of the Building Code (First Schedule, Building Regulations 1992).

The matter to be determined is therefore whether the authority was correct to refuse to issue a code compliance certificate. In deciding this, it must be considered:

1. Whether the external envelope to the house ('the external envelope') complies with Clause B2 Durability and Clause E2 External Moisture of the Building Code;
2. Whether the authority was correct to issue the notice to fix;
3. Whether the elements that make up the building work comply with the Building Code Clause B2 Durability taking into account the age of the house.

The notice to fix that was issued by the authority also questioned compliance with Clauses B1 Structure and E3 Internal Moisture, however the notice to fix included no specific defects that relate to either Clause.