2023/031: Decision by an authority to grant a building consent and issue a code compliance certificate for a relocatable dwelling - 251 Priest Rd, Eketāhuna

This determination considers the decision of the authority to grant a building consent and issue a code compliance certificate for a dwelling.

The owner is of the view that several aspects of both the design and as-built construction do not comply with various clauses of the Building Code.

The main issues relate to the weathertightness and stability of the dwelling.

Decision and remedy:

In accordance with section 188 of the Building Act 2004, it was determined:

In relation to the decision to grant the building consent, section 19(1)(ca) did not apply and section 49(1) was not met;
In relation to issue the code compliance certificate, the building work was not in accordance with the building consent; and
various aspects of the design and as-built work do not comply with the Building Code, as outlined in Table 2 (Appendix A).

Thus the decisions to issue the code compliance certificate and the building consent for this dwelling has been reversed.

This determination considers the decision of the authority to grant a building consent and issue a code compliance certificate for a dwelling.

The owner is of the view that several aspects of both the design and as-built construction do not comply with various clauses of the Building Code.

The main issues relate to the weathertightness and stability of the dwelling.

Decision and remedy:

In accordance with section 188 of the Building Act 2004, it was determined:

In relation to the decision to grant the building consent, section 19(1)(ca) did not apply and section 49(1) was not met;
In relation to issue the code compliance certificate, the building work was not in accordance with the building consent; and
various aspects of the design and as-built work do not comply with the Building Code, as outlined in Table 2 (Appendix A).

Thus the decisions to issue the code compliance certificate and the building consent for this dwelling has been reversed.

This determination considers the decision of the authority to grant a building consent and issue a code compliance certificate for a dwelling.

The owner is of the view that several aspects of both the design and as-built construction do not comply with various clauses of the Building Code.

The main issues relate to the weathertightness and stability of the dwelling.

Decision and remedy:

In accordance with section 188 of the Building Act 2004, it was determined:

In relation to the decision to grant the building consent, section 19(1)(ca) did not apply and section 49(1) was not met;
In relation to issue the code compliance certificate, the building work was not in accordance with the building consent; and
various aspects of the design and as-built work do not comply with the Building Code, as outlined in Table 2 (Appendix A).

Thus the decisions to issue the code compliance certificate and the building consent for this dwelling has been reversed.

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