Determinations – October 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
2025/042
This determination considers whether a change of use occurred as a result of building work to increase the number of bedrooms for an existing residential unit in a mixed-use building.
The determination discusses the features and arrangements of the unit and the authority’s decision to then issue a notice to fix. It also discusses whether the unit is classified as a ‘detached dwelling’ under Building Code Cause A1 Classified Uses.
Determination 2025-042 [PDF 500KB](external link)
2025/035
This determination considers compliance with Building Code Clauses B2 Durability and E2 External Moisture of horizontal rusticated cedar weatherboard wall cladding in respect of the as-built double-nail fixing pattern of the weatherboards.