Description

Regarding the refusal to issue a code compliance certificate for a 9-year-old house with weatherboard and brick veneer claddings at 268 Weedons Ross Road, West Melton

Scope

This determination arises from the decision of the authority to refuse to issue a code compliance certificate for the 9-year-old house because it was not satisfied that the building work complied with the Building Code (First Schedule, Building Regulations 1992). The refusal arose because the authority has concerns about

• the compliance of concealed elements with certain clauses of the Building Code, given a lack of inspections by the authority;
• the weathertightness of the building envelope; and
• the compliance of various other elements.

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:

Matter 1- Whether elements concealed within or under the concrete slab and foundations comply with the Building Code, taking into account the engineering oversight and the lack of authority inspections during construction. Specifically, whether

• the concealed structural elements comply with Clause B1 Structure;
• the vapour barrier beneath the slab complies with Clause E2 External Moisture;
• the concealed pipes comply with G12 water Supplies and G13 Foul Water;

Matter 2- Whether the exterior building envelope complies with Clause B2 Durability and Clause E2 External Moisture of the Building Code. The building envelope includes the components of the systems (such as the wall and roof claddings, the windows and the flashings), as well as the way components have been installed and work together. Any structural implications (Clause B1) associated with weathertightness are considered within this matter;

Matter 3- Whether other elements identified by the authority comply with the Building Code; specifically, whether:

• a) the altered bracing complies with Clause B1 Structure;
• the flue to the solid fuel burner complies with Clause C Fire Safety; and
• the underground foul water drains, effluent tank and stormwater drains comply with G13 Foul Water.