Description

This determination considers the issue of three separate code compliance certificates, related to three different building consents, for building work to make various alterations and additions to an existing detached dwelling. All three building consents were issued under the Building Act 1991.

This determination considers if the building work complies with the Building Code that applied at the time the building consents were granted.

Decision

In accordance with section 188 of the Building Act 2004, it has been determined that:

• some elements of the building work constructed under building consents 990246, 020290, and 040011 (described in Table 1 of this determination) did not comply with the relevant clauses of the Building Code, namely B1, B2, E1, E2, and G9,
• therefore the provisions of sections 43(3) of the former Act and 436(3)(b)(i) of the current Act were not met for the issuing of the three code compliance certificates;
• however, as the owners have already removed and rectified the non‐compliant building work to which the code compliance certificates relate, it has been decided not to reverse the authority’s decisions to issue those certificates.