2012/051: Regarding the refusal of a code compliance certificate and the issue of a notice to fix for a 14 year-old house
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- Ministry of Business, Innovation and Employment
- Information type
The matter to be determined is whether the authority was correct in its decision to refuse to issue a code compliance certificate and to issue a notice to fix for the dwelling. In deciding this it needs to be considered whether the external cladding to the building (the cladding) complies with Clause B2 Durability and Clause E2 External Moisture of the Building Code. The cladding includes the components of the exterior building envelope (such as the wall claddings, the windows, the roof claddings and the flashings, as well as the way the components have been installed and work together. The notice to fix cites contraventions of Clauses B1 Structure and H1 Energy Efficiency. There are no specific identified items relating to these clauses in the notice to fix. This determination is therefore limited to the buildings compliance with clauses as identified above. The notice to fix states that the applicant may apply to the authority for a modification of the durability requirements in order to allow the durability periods to commence from the date of substantial completion.