Description

This determination arises from the decision of the authority to refuse to issue a code compliance certificate and to issue a notice to fix for an 11-year-old house because it was not satisfied that the building work complied with certain clauses of the Building Code.

The authority's concerns relate to the weathertightness of the exterior building envelope.

The matter to be determined is therefore whether the authority was correct in its decision to refuse to issue a code compliance certificate and to issue a notice to rectify (the notice to fix) for the house.

In deciding this matter, it must therefore be considered whether the external claddings to the house comply with Clause B2 Durability and Clause E2 External Moisture of the Building Code. The authority has stated that its concerns about the compliance of the building work relate to the weathertightness of the exterior building envelope.

However, the notice to fix also cites contraventions of Clauses B1 Structure, E3 Internal Moisture, G4 Ventilation and H1 Energy Efficiency of the Building Code, although there are no specific identified items relating to these clauses. This determination is therefore limited to Clause E2 and Clause B2 (insofar as it applies to E2). The notice to fix also outlined requirements for durability of building elements, taking into account the age of the building work.