Determinations – August 2025
Determinations are legally binding decisions made by the Ministry of Business, Innovation and Employment (MBIE). They are for matters of doubt or dispute to do with building work outlined in the Building Act and the Building Code.
For further information about determinations, visit the Building Performance website.
Previous determinations(external link) — Building Performance
Determination 2025/029
This determination looks at 3 notices to fix that were given for building work done without a building consent.
It checks whether the work should have been allowed without consent under Schedule 1 of the Building Act. It also looks at how the notices were written — what rules were broken and who the notices were sent to.
Determination 2025/032
This determination looks at whether the council was right to say no to a request to change a building consent for recladding a relocated house.
This decision looks at whether keeping the old timber window frames and using new plywood and batten cladding would still meet the rules in Clause E2 of the Building Code, which is about keeping water out of buildings.