2024/070: An authority’s decision to refuse to issue a code compliance certificate in relation to a hedge and safety from falling - 30D Lazarette Loop, Gleniti, Timaru
- Abbreviation
- 2024/070
- Valid from
- 16/12/2024
- Information provider
- Ministry of Business, Innovation and Employment,
- Author
- Ministry of Business, Innovation and Employment
- Information type
- Determination,
- Format
- PDF,
Description
This determination looks at building work to construct two retaining walls in conjunction with the construction of a dwelling.
The matter being determined is the authority’s purported decision to refuse to issue a code compliance certificate in relation to the falls related to the retaining walls and compliance with Building Code Clause F4 – Safety from falling.
The determination considers whether the falls related to the retaining walls are relevant to the purported refusal and whether the current hedge meets the requirements of clause F4.
Decision
In accordance with section 188 of the Building Act 2004, it has been determined that:
1. the change in level at the upper retaining wall is associated with the dwelling and is required to have a barrier for the dwelling to comply with clause F4.3.1
2. the hedge does not satisfy the requirements of Building Code Clause F4 Safety from falling
3. the authority’s decision to refuse to issue a code compliance certificate for BC 2.2019.185.1 has been confirmed.