2013/049: Regarding the refusal to issue a code compliance certificate for 7 year-old building work
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- Ministry of Business, Innovation and Employment
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This determination arises from the decision of the authority to refuse to issue a code compliance certificate for 7-year-old building work because it was not satisfied that the building work complied with certain clauses of the Building Code. The matter to be determined is therefore whether the authority was correct to refuse to issue the code compliance certificate. In deciding this, I must consider: 1-Whether the external building envelope of the building complies with Clause E2 External Moisture and Clause B2 Durability of the Building Code. The envelope includes the components of the systems (such as the block walls, the remaining wall claddings, the roof cladding and the windows), as well as the way the components have been installed and work together; 2-Whether the building complies with the remaining Building Code clauses relevant to the building work. The completed building was constructed under two building consents as illustrated in Figure 1. The initial work was carried out under building consent No. BC 031695. A second consent (BC 081592) was subsequently issued; a code compliance certificate was issued for this consent on 8 February 2011. The determination is limited to the building work in the first consent. In its submission for this determination, the authority added its concerns about a change in the positioning of the building to a more elevated location than it apparently had issued the consent for. I note that the building consent drawings do not include a site plan or street address; I also note that the authority visited the site during construction of both consents and no concerns were raised about the siting of the building. In regard to the authority's concerns regarding implications of the increased altitude on wind and snow loading, I have addressed this as part of Matters 1 and 2. In regard to the resolution and updating of records containing the legal description of the property, I leave such matters to the authority to resolve in due course.